Evidence In Court Proceedings Research Articles

Prosedur Penyelesaian Perkara Wanprestasi Atas Perjanjian Pinjam Uang Yang Dilakukan Oleh Debitur Koperasi

Cooperatives which regulate the movement of business fields in the formation of capital from the savings of its members regularly and continuously and can also be lent to its members in a practical, easy and fast way are called Savings and Loans Cooperatives for welfare purposes. That way the aim of establishing it is to make it easier for the community to make financial transactions easier, with the existence of a savings and loan cooperative that provides small interest but opportunities in capital can be cheap. With normative law implemented in the method used in this study, allowances from sources such as principles, principles, and legal literature are used in resolving cases of default on borrowing money in cooperatives. The results of this study are the results of evidence in court proceedings, evidence can be submitted by the plaintiff and the truth of the lawsuit and the defendant does not deny it. The proof of the case made the judge declare that it was legal to have defaulted on borrowing money within the scope of the cooperative.

FORCE MAJEURE AND NOTARY RESPONSIBILITY: THE CASE OF THE DESTRUCTION OF DEED MINUTES

Notaries, in carrying out their duties, have the authority to create authentic deeds, where authentic deeds serve as perfect evidence in court proceedings. According to Article 16 of the Notary Law (UUJN), the notary's obligation is not only to create authentic deeds but also to store them as part of the notary's protocol, which is a state document or archive that must be properly preserved and stored to prevent loss or destruction under any circumstances. The focus of this thesis is on the scenario where the notary's office, the place where all archives or protocols are stored, experiences a disaster or force majeure. The question arises whether the notary is still responsible for the destruction of the notarial protocol in such a case. The objective of this research is to examine and analyze the notary's responsibility for deed minutes that are destroyed due to force majeure and the legal construction of deed minute storage to minimize their loss due to force majeure. In this regard, concerning civil law liability, if the notary's negligence in safeguarding the notarial protocol results in losses for the parties involved, the notary's actions may be qualified as an Unlawful Act (PMH). PMH is regulated in Articles 1365 to 1367, stating that any unlawful act causing harm to others makes the perpetrator liable for the resulting losses. The legal consequences for a notary whose negligence leads to the loss or damage of deed minutes and failure to store them properly may result in administrative sanctions as stipulated in Article 9, paragraph (1), letter d of UUJN, which entails temporary suspension from the position of notary due to violating the obligations and prohibitions of the profession.

Regarding the issue of using digital information obtained during counterintelligence and investigative activities in criminal proceedings

In this article, based on the analysis of scientific publications, the norms of the current legislation, the authors investigate the actual problems of using digital information obtained during counterintelligence and investigative activities in the criminal process. The norms of legislation in the field of ensuring state security and the Criminal Procedure Code of Ukraine regarding the possible use of digital information as evidence in court proceedings are analyzed. Scientific developments and international experience regarding the use of counterintelligence and investigative activity materials in digital form as evidence in criminal proceedings in the context of their admissibility are considered. The authors prove that the vast majority of digital information, which in the future may have evidentiary value, is obtained by conducting covert activities during the implementation of counterintelligence and investigative activities. Such digital information, according to the authors, can only serve as pretexts and grounds for starting a pre-trial investigation in criminal proceedings. The article notes that insufficient harmonization of criminal procedural legislation and legislation regulating counterintelligence and investigative activities negatively affects the effectiveness of operational units in performing their tasks. It is also noted that the further reform of the domestic law enforcement system should follow the example of leading Western countries and the USA, where the concept of “operational investigative activity” is absent at all. In most of the foreign democratic countries of the world, secret police investigation is a criminal procedural activity, which is overt and undercover procedural actions carried out under the direction of the prosecutor. The authors of the article conclude that in order to strengthen the counter-intelligence component in the activities of the Security Service of Ukraine and taking into account foreign experience in this area, it is necessary to create a separate, without reference to the requirements of the provisions of the Law of Ukraine “On Operational and Investigative Activities” and the Criminal Procedure Code of Ukraine, a mechanism for organizing and carrying out activities related to the temporary restriction of human rights and freedoms.

CHARACTERISTICS OF INDIRECT EVIDENCE TOWARDS PRICE FIXING AGREEMENTS IN THE PERSPECTIVE OF COMPETITION LAW

In the ever-changing landscape of Indonesian business, the pursuit of profits drives actors to engage in intense competition, all regulated by the Business Competition Law. This unique legal field combines both conventional law and economics to address unfair business practices, such as agreements that manipulate prices to deceive consumers. This research focuses on the characteristics of indirect evidence utilized by the Business Competition Supervisory Commission (KPPU) when investigating cases of price-fixing. The goal is to gain a deeper understanding of the legal implications of using indirect evidence within the procedural framework of Business Competition Law in Indonesia. To achieve this, a Normative Research method is employed, utilizing a multi-faceted approach. Through case analysis, statutory examination, conceptual exploration, and comparative study, the research explores patterns, legal frameworks, theoretical concepts, and perspectives from different jurisdictions, all related to the use of indirect evidence in the context of price fixing. The results revealed that Indirect evidence, classified as clue evidence under Perkom No. 1 Of 2019, encompasses communication and economic evidence. When direct evidence is lacking, these components, including documents or electronic information, play a crucial role in proving allegations of price-fixing. The legal implications of indirect evidence in the Indonesian competition law evidentiary system highlight its widespread use in resolving cases. However, there is a legal gap that poses challenges to the admissibility of indirect evidence in court proceedings. This emphasizes the need for legal reforms to effectively accommodate the role of indirect evidence.

Forensic Psychiatric Examination: General Theoretical Issues

The article outlines the issue of appointing and conducting a forensic examination in Ukraine, specifically focusing on forensic psychiatric examination. It presents the key concepts and terms related to forensic psychiatric examination, along with its tasks, types, procedures, and significance for the judicial process. The conclusion drawn is that expert conclusions constitute a vital form of evidence in court proceedings, enabling the determination of case circumstances that may not be established through any other means.
 The current state of appointment and conduct of forensic psychiatric examinations in Ukraine has been analyzed, existing problems have been identified and ways of solving them have been considered.
 It has been established that the main problem in appointing and conducting a forensic psychiatric examination is that it is a complex and multifaceted type of forensic examination, which requires highly qualified and experienced forensic experts, but currently, there is a shortage of qualified psychiatric experts. This might result in a forensic examination being conducted improperly or with infringements.
 The paper specifies the need for advanced training and acquisition of experience by forensic experts conducting forensic psychiatric examinations to ensure conclusions’ objectivity. The author concludes that forensic psychiatric examination requires the forensic expert to possess high professionalism, objectivity, independence, honesty, responsibility, competence, and tactfulness.
 The article highlights the main concepts and terms associated with the appointment and conduct of a forensic psychiatric examination; describes the procedure for conducting a forensic psychiatric examination; reveals the importance of a forensic psychiatric examination for the judicial process; analyzes the current state of appointment and conduct of a forensic psychiatric examination in Ukraine; identifies the main problems associated with the appointment of a forensic psychiatric examination; considers possible recommendations for solving these problems. The author also draws attention to the importance of observing the rights and freedoms of persons who are the subject of forensic psychiatric examination.

Институт судебной экспертизы в уголовном судопроизводстве

The difficulties that at the present stage arise in the modern legal regulation of all social relations in general, the peculiarities of the formation of a rule of law state in Russia, the strengthening of the role of the judicial sys-tem is happening very rapidly, but the key issue still remains the problem of legal regulation of the institution of forensic examination, which is one of the ways obtaining evidence in court proceedings. At the same time, the development of many areas of forensic examination lags behind the demands of the time. The practice of ex-pert activity shows that there are difficulties that are directly related to the legal regulation of this area, there are some contradictions and inconsistencies in the provisions of the current criminal procedural legislation, in addi-tion, some areas of forensic examination lag behind the requirements of modern times. The practice of ap-pointing and conducting examinations shows that difficulties often arise associated with the legal regulation of this area. It is still possible to detect individual contradictions and inconsistencies in the provisions of civil, ad-ministrative and criminal legislation. Of course, the legislator eliminates all problems promptly, which is often facilitated by law enforcement practice. However, there are a number of fundamental problems that prevent the effectiveness of forensic examination. Consequently, today the role of scientific research in the field of legal regulation of forensic examination remains significant.

Affidavit Sebagai Ratio Decidensi Putusan Onslag

Introduction: The content of the judgment stating that the accused has been proven to commit the alleged act, but it is not a criminal offense but rather a civil case, has deeply disappointed the customers of KSP Indosurya. One of the fundamental considerations of the judge in the onslag decision is the presence of an affidavit.
 Purposes of the Research: The aim of this research is to examine the existence of the affidavit as the basis for the onslag decision.
 Methods of the Research: This study employs a normative legal research method through a case and statutory regulation approach, which is then analyzed descriptively and analytically.
 Results Originality of the Research: An affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration due to the presence of the affidavit has undoubtedly achieved legal certainty, but the element of utility still needs to be questioned. The role of the judge in rendering a decision should not solely be based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should be able to penetrate the reasons why the parties bring criminal claims to produce a clear and perfect result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.

The Role and Position of AI Evidence in Civil Litigation


 
 
 
 This article examines the role and position of AI evidence in civil litigation. Despite the sporadic appearance of such evidence in court proceedings, it has the potential to revolutionize the evidential field and change our understanding of the nature and evidential qualities of existing types of evidence. After a thorough examination of the key technical specifications of AI, different classifications of AI evidence and various approaches to treatment of AI evidence, the author suggests how AI evidence should be treated according to the Slovenian Civil Procedure law. It is inferred that standard evidence rules can be applied to AI evidence, if the probative value of such evidence does not depend on the AI involved. In cases where probative value of evidence depends on the involved AI system, AI evidence can nevertheless be treated as witness or expert evidence, or, precisely, as ex parte affidavit or private expert opinion depending on the level of human or AI contribution to the content of AI evidence. The author concludes that black box and bias problems of AI systems generating evidence have to be properly addressed in order for AI evidence to achieve full evidential value and reliability.
 
 
 

PRACTICAL ASPECTS OF THE SUBJECT OF PROOF IN CRIMINAL PROCEEDINGS AT THE STAGE OF JUDICIAL PROCEEDINGS

The article is devoted to the issue of determining the scope and procedure for the examination of evidence in court proceedings as the determinism of the subject of evidence. In the process of a brief analysis of the scientific concept of the subject of evidence, the author tries to demonstrate the errors that occur in law enforcement agencies in determining the subject of evidence in practice. The criminal procedure legislation of European countries is analyzed separately, in the part of determining the boundaries of the trial and the subject of evidence.
 The study proved the objectification of the need to change the legal paradigm of thinking in adversarial proceedings, to achieve effective trial, which requires the following:
 
 the prosecution, taking into account the presumption of innocence, in accordance with Part 1 of Art. 349 of the CPC of Ukraine, during the introductory speech, among other things, to inform the defense and the court: a) the limits of the trial on charges; b) the evidence to be provided by the prosecution, their acceptable procedure for examination, taking into account the legal position of the prosecution;
 the defense, taking into account the principle of dispositiveness, in accordance with Part 1 of 349 of the CPC of Ukraine, after the introductory speech of the prosecutor, to make an introductory speech in which, inter alia, to inform the prosecution and the court: a) about his legal position; b) on general measures of protection aimed at refuting the accusation; c) the limits of the accusation, which the defense recognizes as such, to refute the accusation; d) the list of evidence which, in the opinion of the defense, must be declared inadmissible, inadequate or insufficient;
 taking into account such a public determination, the prosecution will be able to form a list of evidence that is subject to examination in court, and which are necessary to prove the circumstances provided for in 91 of the Criminal Procedure Code of Ukraine. In turn, the court, with the help of such interaction, will not only form the boundaries of the subject of evidence, which will affect the effectiveness of the trial, including its temporally effective characteristics, but also ensure the productive realization of their procedural rights and procedural obligations. languages.

PRACTICAL ASPECTS OF THE SUBJECT OF PROOF IN CRIMINAL PROCEEDINGS AT THE STAGE OF JUDICIAL PROCEEDINGS

The article is devoted to the issue of determining the scope and procedure for the examination of evidence in court proceedings as the determinism of the subject of evidence. In the process of a brief analysis of the scientific concept of the subject of evidence, the author tries to demonstrate the errors that occur in law enforcement agencies in determining the subject of evidence in practice. The criminal procedure legislation of European countries is analyzed separately, in the part of determining the boundaries of the trial and the subject of evidence.
 The study proved the objectification of the need to change the legal paradigm of thinking in adversarial proceedings, to achieve effective trial, which requires the following:
 
 the prosecution, taking into account the presumption of innocence, in accordance with Part 1 of Art. 349 of the CPC of Ukraine, during the introductory speech, among other things, to inform the defense and the court: a) the limits of the trial on charges; b) the evidence to be provided by the prosecution, their acceptable procedure for examination, taking into account the legal position of the prosecution;
 the defense, taking into account the principle of dispositiveness, in accordance with Part 1 of Art. 349 of the CPC of Ukraine, after the introductory speech of the prosecutor, to make an introductory speech in which, inter alia, to inform the prosecution and the court: a) about his legal position; b) on general measures of protection aimed at refuting the accusation; c) the limits of the accusation, which the defense recognizes as such, to refute the accusation; d) the list of evidence which, in the opinion of the defense, must be declared inadmissible, inadequate or insufficient;
 taking into account such a public determination, the prosecution will be able to form a list of evidence that is subject to examination in court, and which are necessary to prove the circumstances provided for in Art. 91 of the Criminal Procedure Code of Ukraine. In turn, the court, with the help of such interaction, will not only form the boundaries of the subject of evidence, which will affect the effectiveness of the trial, including its temporally effective characteristics, but also ensure the productive realization of their procedural rights and procedural obligations. languages.

Exercise of Authority of the Rights of the Public Prosecutor in Determining the Procedure for Examining Evidence in Court Proceedings

The issues of determining the order of the study of evidence require scientific understanding and legislative improvement. The participation of a public prosecutor in determining the procedure for examining evidence implies the need to ensure the effective exercise of his rights. The purpose of this study is to resolve some theoretical and applied issues related to the participation of a public prosecutor in a judicial investigation. The setting of this goalpredetermined the need to solve such problems as the analysis of the concept of “order of examination evidence”, development of a procedure for determining the order of examination of evidence, identification of the specifics of the participation of the public prosecutor in determining the order of examination of evidence in a judicial investigation. When solving the set tasks, formal-logical, historical methodsof scientific research were used. Based on the results of the study, the author’s position was developed in relation to the definition of the concept of “the procedure for examining evidence”, as well as scientifically grounded proposals for improving the norms of the criminal procedure law governing the procedure for examining evidence in court proceedings.

Legal Control Over Copyright Protection Using Blockchain Technology

The development of digital information technologies predetermined the need to develop technical and legal mechanisms of copyright protection. Now the share of copyright in the national economies of most countries is very significant and continues to grow, the main task of national legal systems is to find and implement technical and legal solutions to protect copyright from digital piracy. One of these solutions is block chain technology. The relevance of the research topic rests at the novelty of this technology and the lack of study of issues in the field of theory and law enforcement related to the adaptation and legitimation of relations using block chain technologies, including in the field of copyright protection. The purpose of this article is to analyze the legal qualifications of block chain technology and its application in the field of copyright protection, legitimization of relations associated with the use of block chain technologies in the field of copyright protection. The study revealed that the block chain has features that allow for classification of this technology as a type of technical means of copyright protection, which is the theoretical significance of this study. It has been established that in the field of copyright protection, the block chain performs the function of fixing and confirming the legitimacy of ownership by the author or other right holder of the corresponding work, and provides control over access to the work during authorized use. In the course of the study, the authors assessed the provisions of the current procedural legislation for the use of block chain technologies as evidence in court proceedings for copyright protection and revealed that information from the block chain, including those confirming authorship, can be recognized by the courts as evidence.

Дослідження окремих різновидів речових доказів у судовому розгляді: деякі питання правозастосування

The author of the article based on the analysis of actual judicial practice, highlights the problem issues of researchof certain varieties of real evidence in court proceedings in accordance with the procedural order regulated Art. 357 ofthe Criminal Procedure Code.First of all, attention is drawn to the problem of review by the court of large in the volume of material objects thatare recognized by material evidence. The author on the basis of litigation and regulatory acts analyzes cases wherea review of real evidence is necessary at the place of their finding. At the same time, the arguments that should be givenin the requests of the criminal proceedings on this review. are emphasized.Secondly, the author of the article reveals the issue of expediency of conducting material objects in court, the evidenceof which is due to their internal properties that are not available for external unpredictable perception. Taking into accountthis analysis, the author proposes to introduce certain changes to Article 23 of the Criminal Procedure Code.And, finally, the author pays attention to the needs of renewal of domestic legislation on the procedure for researchingdigital evidence in criminal proceedings. This is based on the features of such a category of evidence that causes a newunderstanding of the original and copies of information. Given this, the author offers ways to verify digital informationthat will ensure the verification of its authentities and unchanged, produced in science and practice.The conducted research gave reasons to determine the directions of correction of domestic criminal procedurallegislation on this issue, as well as formulate some scientific and applied recommendations on the procedure for studyingthis categories of material evidence in court proceedings.

Performance analysis of various copy-move forgery detection methods

Analyzing digital images to reveal modifications is called image forensics. Digital images are now becoming incredibly popular due to the availability of several inexpensive image-capturing gadgets. These images are frequently altered, either unintentionally or intentionally, which causes the image to convey false information. Since digital images are frequently utilized as evidence in court proceedings, media, and for preserving visual records, approaches to detecting forgeries in these images should be designed. This paper thoroughly analyzes several image forgery detection strategies, including comparisons of the strategies, advantages, disadvantages, and experimental findings.

Justice and justice M.I. Kleandrov. Justice and justice

Monographic work of Corresponding Member of the Russian Academy of Sciences M.I. Kleandrov is a fully meaningful and critical analysis of the previous experience of judicial activity in the system of arbitration courts and, finally, in the Constitutional Court of the Russian Federation, the Council of Judges of the Russian Federation, scientific activity as a chief researcher at the Institute of State and Law of the Russian Academy of Sciences, necessary to develop a new understanding of what new forms of fair justice should be. The solution of this problem, the author believes, is necessary in conditions of uncertainty of legal norms, within the framework of judicial discretion, with judicial law-making and rulemaking, the problems of evidence in court proceedings and in extreme situations (pandemics), solving problems related to the imposition of death sentences and the rapid introduction of artificial intelligence into judicial activity.

Electronic evidence as a means of evidence in commercial and administrative judicial procedure

Introduction. The Institute of Electronic Evidence is an achievement of technological progress, which the legislator enshrined in procedural legislation in 2017. However, the Ukrainian judicial practice for more than four years has not developed an unambiguous approach to the use of electronic evidence in commercial and administrative proceedings. Purpose. In order to solve the problem, the article analyzes the preconditions for the emergence of the institute of electronic evidence, the content of this institute, the main ways of interpreting the provisions of Ukrainian and foreign legislation on electronic evidence. Results. The rules of the trial on the electronic form of evidence should be changed due to the growing amount of data in electronic form and its ability to change and destroy without outside interference, and so on. Systematic analysis of the above concept of electronic evidence allows us to identify the following features: existence in intangible form; the need to use certain technical means for reproduction; the ability to transfer or copy to different devices without losing performance; the original electronic proof can exist in many places at the same time. For the proper and effective functioning of electronic evidence in the system of commercial and administrative proceedings, it is necessary to maintain a balance. This balance is, on the one hand, in defining the concept of electronic evidence in procedural law and, on the other hand, in not limiting the forms in which such evidence can be used in court. Conclusion. Thus, the analysis of Ukrainian and foreign judicial practice makes us to conclude that the foreign practice of determining and using electronic evidence in court proceedings is partially similar to its application in Ukrainian courts. However, foreign law uses a broad interpretation of the evidence, which includes electronic evidence. In addition, the evaluation of electronic evidence in Ukraine's commercial and administrative proceedings needs to be regulated. It would be useful to borrow the experience of Germany and the United States.

Use of electronic evidence by refugees in civil procedure

Purpose. The purpose of the article is to analyze the current legislation that regulates the submission of refugees to court and the study of electronic evidence by courts in civil proceedings, outline the existing problems of using electronic evidence in court proceedings and analysis of court practice of electronic evidence. Methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions. During the research the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, logical-normative. Results. The study found that the use of electronic evidence, on the one hand, has simplified the proof procedure for refugees, but on the other hand, problems remain. Scientific novelty. In the course of the research it was established that for the full use of electronic evidence in Ukraine it is expedient to refine the information and telecommunication systems of courts, to provide courts with appropriate material and technical base, which would allow unhindered research of electronic evidence. Practical significance. The significance of the study is determined by the fact that the scientific results provide a basis for improving the legislation on the use of electronic evidence by refugees in Ukraine.

The Psychiatric Genetic Data of Children in Proceedings to Terminate Parental Rights.

The introduction of psychiatric genetic evidence in court proceedings to terminate parental rights raises concerns that such information will result in misconceived assumptions about the child's mental health trajectory and unjust rulings on termination of parental rights. We conducted an online vignette-based survey with a nationally representative sample of adults from the general public (n = 300 respondents) to assess their views on how evidence about a child's psychiatric genetic makeup may affect key decisions in termination proceedings. Our findings indicate that genetic evidence increased the child's labeling as having a psychiatric disorder, regardless of the presence of symptoms, treatment recommendations, evaluation of prescription medication, and beliefs in treatment efficacy. Genetic evidence alone did not affect whether participants would terminate parental rights, but participants who thought that the child did not have a psychiatric disorder were more likely to terminate in the presence of genetic test results. We conclude that psychiatric genetic evidence in termination proceedings may have unintended consequences, and that measures should be taken to ensure that it does not unfairly affect outcomes.

May the Patient’s Will, Expressed by Means of Assistive Communication Technologies, be Admissible as Evidence in Court Proceedings?

The article is dedicated to hallmark the problem of accepting evidence of a patient’s will by a court in diverse proceedings, and it being communicated by non-classical means. Modern technologies allow patients to communicate utilizing various electrified appliances, in case the disabled person suffers from an ailment, or a health disorder affecting speech and mental abilities. Such appliances may truly enhance the patient’s quality of life; however, it is uncertain whether such patient may be found to be a competent witness, or the information reflecting their will obtained in a non-classical method may be found to be as convincing evidence by the court. Currently, there is very little judicial precedent dealing with obtaining evidence of the patient’s will by means of assistive communication technologies, though recent Italian legacy has shown such evidence may be accepted by the court, in case forensic-psychiatric examination approves adequacy of the cognitive abilities of the patient, rendering their will competent. Diverse legal systems render the question of patient’s competence differently, and the issue of accepting information as evidence obtained by means of assistive communication technologies will surely become more frequent in disputes relating to testament validity or determining the patient’s will to undergo or forego medical treatment. Such cases may be of high relevance in civil proceedings on withdrawal of life-supporting treatment, which will ultimately result in the patient’s demise. Keywords: patient’s autonomy, patient’s legal capacity, withdrawal of life-supporting treatment, assistive communication technologies, theory of evidence, critically-ill patients.

Portrait photography splicing detection using ensemble of convolutional neural networks

Forged portraits of people are widely used for creating deceitful propaganda of individuals or events in social media, and even for cooking up fake pieces of evidence in court proceedings. Hence, it is very important to find the authenticity of the images, and image forgery detection is a significant research area now. This work proposes an ensemble learning technique by combining predictions of different Convolutional Neural Networks (CNNs) for detecting forged portrait photographs. In the proposed method seven different pretrained CNN architectures such as AlexNet, VGG-16, GoogLeNet, Res-Net-18, ResNet-101, Inception-v3, and Inception-ResNet-v2 are utilized. As an initial step, we fine-tune the seven pretrained networks for portrait forgery detection with illuminant maps of images as input, and then uses a majority voting ensemble scheme to combine predictions from the fine-tuned networks. Ensemble methods had been found out to be good for improving the generalization capability of classification models. Experimental analysis is conducted using two publicly available portrait splicing datasets (DSO-1 and DSI-1). The results show that the proposed method outperforms the state-of-the-art methods using traditional machine learning techniques as well as the methods using single CNN classification models.