Disciplinary Body Research Articles

Theoretical prerequisites and applied aspects of the creation of a single qualification and disciplinary body in the field of forensic expert activity in Ukraine

Theoretical prerequisites and applied aspects of the creation of a single qualification and disciplinary body in the field of forensic expert activity in Ukraine

General characteristics of decisions within the disciplinary proceedings against a judge as a subject of judicial appeal

Improving the procedure for bringing judges to disciplinary responsibility is one of the important elements of judicial reform and strengthening the independence, professionalism and integrity of the judiciary. An integral element of such a procedure, on which its effectiveness largely depends, is judicial control over the decisions of the disciplinary body of judges. The article attempts to analyze the existing procedure for disciplinary proceedings against a judge from the perspective of the possibilities of judicial appeal against decisions made within this procedure.
 The aim of the work is to analyze the procedure for disciplinary proceedings against a judge, to identify the decisions which may be made within this procedure and to analyze them from the perspective of the possibilities of judicial appeal through the prism of the Supreme Court case law.
 The methodological basis of the study consists of general scientific and special research methods.
 Based on the results of the study, the author analyzed the statutory regulation of the procedure for disciplinary proceedings against a judge and the relevant case law of the Supreme Court. The results of the analysis showed that currently, decisions made within the framework of disciplinary proceedings against judges are not subject to judicial review, and only decisions of the High Council of Justice made upon review of the decision of the Disciplinary Chamber to bring judges to disciplinary responsibility can be appealed in court. The validity of such restrictions should be the subject of further research. In addition, certain provisions of the legislation on the possibility of appealing against decisions of the Disciplinary Chamber appear to be discriminatory, which has been recognized by the state.

Prosecutor’s Office of Ukraine Under Martial Law: Challenges, Trends. Statistical Data

Background: Introduction of martial law on the territory of Ukraine on 24 February 2022, due to the full-scale invasion of the russian federation1, led to a shift in the emphasis in activity of all public authorities and institutions. They promptly adapted to the challenges brought by the war to ensure continuous functioning of the institutions of key importance for the state. Such include the institution of justice; the Prosecutor’s Office is an integral element of its implementation. During the war, Ukraine gained new experience in the matters of its organization and functional development. It is expected to be useful to anyone interested in the justice system, particularly the Prosecutor’s Office, and for the study of its responses to the extraordinary conditions of the war. The publication is the result of a systematic analysis of the indicators of the Prosecutor’s Office of Ukraine activity within the context of the events caused by the war’s development, which has been taking place for more than one year. This time span allows the authors to draw certain conclusions and highlight trends. The performance indicators of four regional Prosecutor’s Offices, representing the north, south, east, and west of Ukraine, are taken as a basis. This approach is driven by different degrees of military aggression intensity in relation to the various regions, allowing tracing of the relevant correlation between the “territorial factor” and effectiveness of the Prosecutor’s Office’s operation. The study is based on statistical indicators and reports of the Office of the Prosecutor General, data from Kyiv, Odesa, Lviv, and Kharkiv’s regional Prosecutor’s Offices, as well as materials from the Qualification and Disciplinary Commission on Public Prosecutors. Methods: The authors used systematic, statistical, historical, and comparative methods, as well as the method of selective analysis and synthesis of information, ensuring the objectivity and complexity of the study. Actual statistical and empirical data are used for proper argumentation of the conclusions. Results and Conclusions: It was concluded that the activity of the Prosecutor’s Office in Ukraine under martial law is largely determined by the territorial factor. At the same time, the full-scale war became a catalyst for polar phenomena among prosecutors: intensification of the civil position in opposition to the aggressor, professional, and behavioural destructions, which are assessed by a disciplinary body to finalize the prosecutor’s career.

Arrows: The Long Lines of Influence in Architecture

AbstractJesse Reiser reflects on the unexpected re‐emergence of craft within the disciplinary body of architecture: from Buck's Rock Work Camp in Connecticut during the summers of the 1970s, to Cranbrook Academy of Art, to the ongoing work of Reiser + Umemoto, the New York‐based practice he co‐founded.

Public relations and place branding: Friend, foe or just ignored? A systematic review

Communication about places is typically termed place branding and is generally situated within the marketing discipline. However, in practice, place branding shares many commonalities with public relations. It involves relationships with a wide range of stakeholders, reputation management, and communication campaigns that involve no direct sale of a product. While some have noted the parallels between place branding and public relations, the intersection of these two fields has not been reviewed empirically. This study examines the relationship between public relations and place branding by exploring how scholars in each field have conceptualised and represented the other in their research publications. A systematic review of 378 journal articles, published from 1988 to 2018 in 18 selected journals from both fields, was conducted. This research shows that while there is a significant conceptual crossover between the two fields and they work together in practice, the place branding literature largely treats public relations as a promotional tactic rather than a disciplinary body of knowledge. Conversely, outside of public diplomacy research, public relations has shown little interest in places and place communication, and there is limited research applying public relations theories and concepts to places. This paper adds to current knowledge on the interdisciplinarity of public relations theories and concepts and how public relations is perceived outside its own field and suggests new possibilities for interdisciplinary research on place communication.

The political ecology of cocoa in Ghana: Past, present and future challenges

AbstractIn recent years, many have raised concerns regarding the need to develop sustainable practices in the cocoa sector and to prepare for impending threats associated with climate change. Although evidence suggests more needs to be done to address the environmental concerns surrounding cocoa, the sustainability of the sector cannot be understood without recognizing other socio‐economic and socio‐political factors. This paper uses a case study of Ghana—the world's second largest producer of cocoa—to problematize the often‐simplistic claims concerning the fate of the crop. While the paper draws upon a diverse disciplinary body of literature, it uses a political ecology lens to analyse the multifaceted problems facing the cocoa industry. The paper derives insights from 131 interviews conducted with a wide range of stakeholder groups in Ghana's capital (Accra) and leading cocoa‐producing regions (Ashanti and Western). The analysis reveals the need to challenge dominant narratives about the cocoa‐climate change nexus, as it highlights other threats to the sector. This includes the difficulty of securing youth labourers, the problem of “galamsey” (i.e., illegal artisanal mining), the issue of land scarcity, and the politicization of migrant workers.

ESPORTS INTEGRITY POLICIES

ESPORTS INTEGRITY POLICIES

Academic-intelligence relationships: opportunities, strengths, weaknesses and threats

ABSTRACT Academics and practitioners interact on the basis of formal and informal mechanisms. This article examines these mechanisms as opportunities for collaboration, identifies their key strengths and weaknesses, and discusses the threats that make academia a sensitive ground for exploitation. The first section is focused on the contributions of academia to the intelligence profession and is organized around the primary functions identified in the intelligence cycle. The second section is focused on the contributions of the intelligence profession to academia, and is organized around four themes, namely the education of professors and students, the education and training of future intelligence professionals, public debate and the development of a disciplinary body of knowledge. The final section discusses threats that endanger the independence, integrity and freedom of academia.

The importance of law practice in achieving legal certainty regarding the grounds for disciplinary liability of a judge

In order to overcome the relevant problem, the Law of Ukraine «On the Judiciary and the Status of Judges» significantly changed both the grounds for bringing a judge to disciplinary responsibility and the grounds for applying the most severe measure of such responsibility – dismissal of a judge. The level of detailing of such grounds is quite high, both in terms of the certainty of such grounds, and in terms of proportionality between the type of disciplinary misconduct and the type of penalty to be applied for it. At the same time, the results of the analysis of the relevant legal provisions shows that they are not devoid of evaluative, vague concepts, such as «gross disregard for the duties of a judge», «gross violation of the law», «gross negligence», «significant negative consequences». Thus, the question arises whether the problem of uncertainty of the grounds for disciplinary liability of a judge has been conceptually resolved, or whether the relevant problem continues to exist despite significant legislative detail of the relevant grounds. Resolving this issue is the purpose of this article. The existence of wording in the legislation that does not meet the requirements of legal certainty, such as «gross negligence», «gross violation of the law» carries certain risks to the independence of judges, but the existence of such risks can not be considered a reason for the law refused to use them. This is due to the objective impossibility of formulating in the law an absolutely exhaustive list of grounds for disciplinary liability in general and grounds for dismissal of a judge in particular. Critical is the issue of forming a consistent practice of the disciplinary body, which would, firstly, form the criteria for understanding vague concepts, and secondly, would not allow different approaches to responding to the same misconduct of a judge. Keywords: disciplinary liability of a judge, grounds for disciplinary liability, legal certainty, evaluation concepts.

The Importance of Law Practice in Achieving Legal Certainty Regarding the Grounds for Disciplinary Liability of a Judge

In order to overcome the relevant problem, the Law of Ukraine “On the Judiciary and the Status of Judges” significantly changed both the grounds for bringing a judge to disciplinary responsibility and the grounds for applying the most severe measure of such responsibility — dismissal of a judge. The level of detailing of such grounds is quite high, both in terms of the certainty of such grounds, and in terms of proportionality between the type of disciplinary misconduct and the type of penalty to be applied for it. At the same time, the results of the analysis of the relevant legal provisions shows that they are not devoid of evaluative, vague concepts, such as «gross disregard for the duties of a judge», «gross violation of the law», «gross negligence», «significant negative consequences». Thus, the question arises whether the problem of uncertainty of the grounds for disciplinary liability of a judge has been conceptually resolved, or whether the relevant problem continues to exist despite significant legislative detail of the relevant grounds. Resolving this issue is the purpose of this article. The existence of wording in the legislation that does not meet the requirements of legal certainty, such as «gross negligence», «gross violation of the law» carries certain risks to the independence of judges, but the existence of such risks can not be considered a reason for the law refused to use them. This is due to the objective impossibility of formulating in the law an absolutely exhaustive list of grounds for disciplinary liability in general and grounds for dismissal of a judge in particular. Critical is the issue of forming a consistent practice of the disciplinary body, which would, firstly, form the criteria for understanding vague concepts, and secondly, would not allow different approaches to responding to the same misconduct of a judge.

The Australian Government is Justified in Establishing a Single Disciplinary Body

ABSTRACT Published empirical research (McInnes 2020) proves licensing financial advisers through multiple profit-driven Australian Financial Services licensees contributes to conflicts of interest by association. Government’s response is to regulate advisers by adopting a single disciplinary body (Frydenberg & Hume 2019) to professionalise advisers like established professions. This paper supports Government’s move to implement this body (Taylor 2020c; Maddock 2020), albeit delayed by COVID-19 (Taylor 2020a), by using the evidence published in a Routledge book (McInnes 2020). It aims to motivate advisers to work with policymakers to reshape financial advice into a true, accredited profession to address the problem of conflicted association, to make advice accessible (Marsh & Phillips 2019) and conflict free, while also dismantling costly compliance legislation (Smith & Sharpe 2020).

Transformative disciplinary learning in history and social studies: Lessons from a high autonomy curriculum in New Zealand

AbstractThe challenges of naming a bounded disciplinary body of knowledge for the social sciences has made it difficult to define and clearly articulate ‘what counts’ for disciplinary learning in school curricula. The shift to ‘new’ generic skills with an associated autonomy of curriculum content choice and learner‐centred approaches has introduced further challenges for the social sciences. In this paper, we consider what transformative disciplinary learning might look like for two core social science subjects in New Zealand—history and social studies. We begin by outlining what we mean by transformative disciplinary learning in history and social studies. Drawing on two in‐depth classroom‐based studies, we then examine the strategies, practices and processes that supported or undermined transformative disciplinary learning in history and social studies. In the absence of prescribed content, both subjects relied strongly on procedural approaches (historical and social enquiry processes) which helped to sustain some coherency and disciplinary learning. However, poor topic choice meant that students often missed out on in‐depth knowledge and/or opportunities for effective and transformative citizenship engagement. We conclude by highlighting the importance of content selection if students are to widen their horizons and experience transformative disciplinary learning in history and social studies.

Humanidade e crítica de Harun Farocki

Este artigo apresenta o resultado de uma investigação sobre o documentário do cineasta Harun Farocki, Imagens da prisão, e identifica seis conjuntos de imagens recorrentes que foram organizados em blocos temáticos: “Corpo disciplinado”, “Corpo oprimido”, “Corpo vigiado”, “A tecnologia como instrumento de dessubjetivação”, “Trabalho e prisão” e “O desejo”. Essa estruturação permitiu uma compreensão do seu pensamento poético e intelectual, evidenciando não apenas a sensibilidade e caráter inovador da estrutura formal de seu trabalho, mas, sobretudo, uma dimensão crítica e humana que adquire especial relevância nos dias atuais. O artigo evidencia o raciocínio do artista ao relacionar a produção das imagens na sociedade contemporânea e o processo de desumanização, que se encontra tanto nos meios de produção quanto no encarceramento.

Recognizing Animals as an Important Part of Helping

The beneficial role of companion animals on human health and wellbeing across the life span is well documented in the rapidly expanding multi disciplinary body of literature known as human animal interactions (HAI). Social workers practice at the interface of people and their diverse environments. The presence of human animal bonds (HAB) within client systems, between people and companion animals in particular, are increasingly acknowledged and valued by social workers. Additionally, some social workers incorporate animals in their practice through animal assisted interventions (AAI). However, there is a paucity of empirical literature on social workers’ knowledge about and experiences with the inclusion of animals. We conducted a survey across three prairie provinces in Canada, replicating a study that was first implemented nationwide in the U.S. and later in the Canadian province of Nova Scotia. The survey explored social workers’ knowledge of HAI in social work. The results, similar to the Nova Scotia and U.S. findings, suggest that s social workers have general knowledge about HAI and the HAB, and that some do incorporate animals in practice. Social workers seem to have increasing knowledge and skills about HAI. While this is a positive trend, there is nonetheless a need for specialized education and training on the beneficial impact that companion animals can have on social work practice. In this paper, the application of zooeyia within social work is adopted as one approach to understanding HAB. Important implications for human health and wellbeing and social work practice at the practitioner and organizational levels are discussed.

ABA CHR Report: The Case of Judge Alina Czubieniak: Threats to Judicial Independence in Poland through the Use of Judicial Disciplinary Procedures

The American Bar Association Center for Human Rights would like to acknowledge Elizabeth Zechenter, an American-educated international attorney, social scientist, published author, and public speaker, for her profound contribution to this report. Ms. Zechenter's pro bono assistance was instrumental and served as the basis for this report in many ways. Since 2015, the Polish government has enacted a series of so-called judicial reforms' including the creation of new disciplinary procedures and oversight body for judges that have dramatically increased political oversight of the judiciary. One of the first judge to be disciplined under the newly created judicial disciplinary body was Judge Alina Czubieniak. The ABA Center for Human Rights sent monitors to Judge Czubieniak's disciplinary hearings to ascertain whether they complied with international standards for maintaining the independence of the judiciary. Its monitors found several indicia that the new judicial disciplinary procedures fail to properly protect judges against improper influence and are subject to potential arbitrary application, which has since been confirmed by decisions at the European Court of Justice and the Polish Supreme Court. The judicial reforms of the last four years have made it possible for disciplinary procedures to be used as a tool to intimidate judges whose decisions are unpopular with the executive branch. The independence of the judiciary is threatened when disciplinary procedures are applied arbitrarily. Judge Czubieniak's case was one of the first in a series of disciplinary proceedings, brought by the Ministry of Justice against judges for legitimate judicial activities and the first to be decided by the newly created Disciplinary Chamber. While governments may reform judicial disciplinary proceedings to reduce overall delays, ethic violations, conflicts of interest, and other inefficiencies in the judicial system, disciplinary proceedings should not be used to discipline judges for issuing valid legal opinions that are deemed unpopular by the executive. Arbitrary application of disciplinary proceedings endangers the fair and impartial administration of justice. This and other recent cases against judges are part of a growing evidence that, in addition to the threat to judicial independence posed by the Disciplinary Chamber's creation and process, the Ministry of Justice has used the new process to target judges whose rulings are inconvenient and to chill legitimate and protected free speech.

Lawyer disciplinary processes: an empirical study of solicitors’ misconduct cases in England and Wales in 2015

AbstractThe Legal Services Act 2007 effected major changes in the disciplinary system for solicitors in England and Wales. Both the practice regulator, the Solicitors Regulation Authority, and a disciplinary body, the Solicitors Disciplinary Tribunal, were reconstituted as independent bodies and given new powers. Our concern is the impact of the Act on the disciplinary system for solicitors. Examination of this issue involves consideration of changes to regulatory institutions and the mechanics of practice regulation. Drawing on Foucault's notion of governmentality, empirical evidence drawn from disciplinary cases handled by the Solicitors Disciplinary Tribunal and the Solicitors Regulation Authority in 2015 is used to explore potentially different conceptions of discipline informing the work of the regulatory institutions. The conclusion considers the implications of our findings for the future of the professional disciplinary system.

ANALISIS WACANA IKLAN POND’S MEN #LELAKIMASAKINI VERSI RIO DEWANTO

<h1 align="center">ABSTRACT</h1><p><em>This research discusses how advertising producers provide a new formula </em><em>for men nowdays</em><em>. Through </em><em>such as </em><em>advertising, manufacturers are trying to create a standard male </em><em>nowdays</em><em> </em><em>with efforts of disciplining the body. Pond's Mens </em><em>it self</em><em> always bring up the ad with a new concept when they put out a new product variant. The man of today is a manifestation of cooperation between the pond's makes Rio Dewanto as a brand ambassador. This research uses critical discourse analysis</em><em>,</em><em> model which Norman Fairclough classifies three dimensions of discourse consisting of text</em><em>,</em><em> discourse practices</em><em> and </em><em>socio cultural practices. The dimensions of the text simultaneously has three functions, namely the representation, relationships, and identity. The results showed that the ads were shown to men as a disciplinary body's efforts. In addition, this commercial bias occurs in practice meaning between scenes in the ad with the discourse of the present </em><em>men</em><em>.</em><em></em></p><p><strong>Keywords</strong>: <em>Discourse analysis, Pond's Men advertising, advertising in gender</em></p><p> </p><h1 align="center"> </h1>

'The Army You Created': Combating the Issue of Sexual Assault in College and Quasi-Professional Sports

In the wake of Dr. Larry Nassar’s sentencing for sexual assault, it has become even clearer that there exists a culture of sexual assault in collegiate and quasi- professional sports. Preceding Nassar’s demise there were several cases that brought the nation’s attention to the problem of sex assault in America. The most notable example is that of Penn State’s Jerry Sandusky. Nassar and Sandusky represent people of authority using their positions to prey on minors and young adults within the confines of sports programs. Using Title IX and the Clery Act, as well as state laws, it is possible to push back against athlete assault. However, Title IX coordinators and SafeSport, the Olympic disciplinary body, leave gaps where a government-created agency could easily provide more stability, and ensure more positive outcomes during sex assault investigations. By amending the Amateur Sports Act to include amateur sports of all types, and by creating a Safe Athletics Commission (SAC) modeled after the Equal Employment Opportunity Commission (EEOC), the federal government can ensure that sex assault investigations are carried out in a more objective, swift, and professional manner—regardless of the school or Olympic governing body. For the love of the game, it is time to protect our players at the expense of our coaches, athletic trainers, deans, and other sports authorities.

Informal Networks as Safety Nets: The Role of Personal Ties in China’s Anti-corruption Campaign

The current Chinese leadership that assumed power in late 2012 has launched an anti-corruption campaign that is unprecedented in magnitude. The sheer number of high-level officials cracked down by the Communist Party’s disciplinary body prompts a much speculated question in China studies: how do the dynamics of informal networks affect the Party’s disciplinary punishment of senior cadres? This article initiates the answering of this question with systematic evidence. The authors highlight the threat of rectification campaigns hanging over the bureaucratic system and thus inducing officials to attach themselves to powerful patrons whose protection offers pivotal career security for lower-level clients. Based on the authors’ findings from a sample of over 500 provincial officials in office when the current campaign started, those tied to incumbent members of the Politburo Standing Committee were less likely to be investigated for corruption than those without such ties. Factional ties with retired members of the same body, however, did not provide similar protection. The authors’ analysis helps explain the pervasiveness of personal dependence and factional activities in China’s political system and also sheds light on the complex interaction of informal rules and formal institutions in authoritarian regimes.

Not a Multicultural Society: The Powerful Discipline of Practicing towards Hindus and Muslims in Bali

This article was intended to criticise the expert’s claims towards across disciplines who stated the Balinese people were a multicultural society and had been inherited since royal and prehistoric times. Whereas, the multiculturalism was as the main concepts that make up the newly formed multicultural conception of society in the United States in the 1960s. The claim was a historical reality that was not neutral, which was more geared to the present interests, in order to justify the general opinion that stated Balinese people was the most tolerant society in Indonesia. The historical evidence and practice interfaith society life, both past and present proof indicates otherwise, the Balinese people was not a multicultural society, but only a plural society. The conclusions were derived based the three questions formulated. which was why people who have the power to speak on behalf of Bali need to conduct disciplinary body against the Hindus and the Muslims, how the practices of self-disciplining to the Hinduism and Islam people implemented or implemented, and what the implications of that self-disciplining of practicing for the Balinese of Hinduism and Muslim. As the cornerstone of thinking in answering, these three issues used Michel Foucault's way of thinking, especially, in the domain of disciplinary power.