Final Court Research Articles

THE ROLE OF PRACTICE OF CONSTITUTIONAL (CHARTER) COURTS OF CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION IN PROTECTION AND DEVELOPMENT OF SOCIAL RIGHTS OF A MAN AND CITIZEN

The article highlights the activities of the constitutional (charter) courts of the constituent entities ofthe Russian Federation concerning the protection of social rights of citizens and their role in the mechanism of protection of these rights. The author provides examples from judicial practice on the issues of their respect, implementation and interpretation. Attention is paid to extra-procedural activities of constitutional (charter) courts and their contribution to the development and improvement of the theory of social rights, social norms of law, including through published and declared messages. The author focuses on their positive role in strengthening the constitutional legality and the principles of the Social State. The paper contains the statistical data concerning the consideration of cases, namely the ratio between court decisions on issues of social rights and the total number of final court acts (on the example of the constitutional courts the Volga Federal District). A number of key problems of regional constitutional proceedings are highlighted, including implementation (enforceability) of decisions of constitutional (charter) courts affecting social rights of citizens.

Retraction: The 1/2 correction forms in geometric quantization of the symmetric free rigid body

The Romanian National Committee of Ethics has detected plagiarism in this article. Its publication status is now retracted with immediate effect from IJGMMP. Publisher's Note: As of 8th June 2020, the case is under dispute and pending for final court decision. http://portal.just.ro/30/SitePages/Dosar.aspx?id_dosar=3000000000111746&id_inst=30 https://curteadeapeltimisoara.eu/Detalii_Dosar.aspx?id=9556%2f30%2f2015&idinstanta=59

‘Recall of Order’ and Section 44 of the Indian Evidence Act, 1872

A judgment, decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non-est in the eye of the law. Such a judgment, decree or order- by first court or by the final court- has to be treated as nullity by every court, superior or inferior. It can be challenged in any court, at any time, in appeal, revision, writ or even in collateral proceedings. It is settled principle of law that if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law. Fraud avoids all judicial acts, ecclesiastical or temporal. Section 44 of the IEA enables a party otherwise bound by a previous adjudication to show that it was not final or binding because it is vitiated by fraud. It is always competent to any court to vacate any judgment or order, if it be proved that such judgment or order was obtained by manifest fraud.

The Crime of Identity Theft as an Aftermath of the Development of Modern Technologies – Legal and Criminological Aspects of the Phenomenon in Poland

AbstractThe problem of identity theft is current all over the world. Nowadays we can even observe a tendency for an increasing occurrence of this kind of behaviour. The rapid development of new communication tools and the Internet has made it easier to commit a crime of identity theft than ever before. Despite this seemingly obvious trend in the world, in Poland since 2011, when this phenomenon was criminalized, convictions for identity theft are still one of the rarest situations. Identity theft as a proportion of general identified offences in 2017, according to Police statistics, was only .30%. The paper will present selected legal aspects of identity theft from the Polish Criminal Code, as well as criminological analysis of the phenomenon in Poland. The results of research on identity theft conducted in the District Court in Białystok on court files that ended in a final court judgment covering the years 2011–2016 will also be presented. In the course of the research process, seven cases were found and examined. The analysis was enabled by using a questionnaire, which included forty-nine questions grouped into categories, i.e. characteristics of the perpetrator of the crime, characteristics of the victim, description of the committed act, as well as the course of the pre-trial and judicial proceedings. In the paper, an attempt will be made to find an answer to the question of why the dark number of identity theft crimes in Poland is still great, and this will help characterize identity theft in the area of Białystok.

On the issue of enforcement of court decisions in administrative cases

The article states that the real judicial protection of subjective public rights is associated with the execution of a court decision adopted in favor of a private individual. The principle of binding judgments, adopted by administrative courts, requires that the final judicial decision is performed voluntarily or in a forced manner. It was clarified that the final court decisions in administrative cases should be executed – decisions of the court of first instance, decisions of the court of appeals and cassation instances, which became legally binding, on the obligation to pass the act, to act (in particular, to make payments), to abstain from active behavior are also subject to execution of court orders, which obliges the participants of the case and other persons to perform certain actions. Execution of court decisions, which resolved a public legal dispute substantively, is considered as the stage of the trial. Compliance with the administrativecourt decisions does not constitute the final stage of the trial, as only procedural issues of consideration of the case are resolved. t is offered to execute court decisions in administrative cases as acts of execution, refusal from their commission, decision-making by obligated subjects – defendants in the case, plaintiffs or other persons who are authorized to take actions and to accept acts for execution of the final court decision. The circle of subjects of execution of court decisions in administrative affairs is defined. It is analyzed, which of them can execute a court decision voluntarily, without third-party influence, and which obliges the compulsory execution of such decisions. Legislation on enforcement of judicial decisions in administrative cases consists of the Constitution of Ukraine, which contains the principle of binding judgments, the Code of Administrative Legal Proceedings of Ukraine and a number of other

Homicidios en la Pareja: Explorando las Diferencias entre Agresores Inmigrantes y Españoles

The intimate partner homicide is a social problem affecting immigrant women primarily for their greater risk of being killed, existing an overrepresentation of both immi victims and perpetrators. The present study explores the existing difference in domestic homicides committed by immis and Spanish aggressors comparing sociodemographic factors of the offender, characteristics of the relationship, history of violent behavior, modus operandi, and post-crime behavior. Through the analysis of final court judgements, a sample of 168 cases of murders, homicides, or attempts taking place in Spain between the years 2000 and 2011 was gathered. Data obtained was d with Student’s t-test and chi-square test. The groups showed significant differences in the age of aggressors, presence of children shared with the partner and arguments before the attack, presenting few differences regarding the risk factors that are studied.

Anti-competitive agreements in Russian courts (2008–2012): antitrust law implementation and interpretation

ABSTRACTThis article analyses antitrust enforcement practice in Russian courts in the area of competition-restricting agreements. The analysis is based on the court decision database of litigations with the Russian competition authority (the Federal Antimonopoly Service (FAS)). In the database litigations that officially started in the period 2008–2012 were included. Final court decisions were evaluated, taking into account litigation duration (sometimes up to 3 years). The database contains 400 cases, including 236 horizontal agreements and 164 other agreements (mostly vertical agreements). Based on the evidence of this database, important features and problems of the interpretation and implementation of competition law in Russia and priority areas of enforcement were identified. Antitrust policy was analysed taking into account the risks of type 1 and type 2 errors, including the problem of flexibility of prohibitions (per se vs Rule of reason (ROR) approaches), standards of proof and the problem of consistency of enforcement.

Некоторые вопросы криминалистического и оперативно-розыскного обеспечения производства по исполнению итоговых судебных решений

Некоторые вопросы криминалистического и оперативно-розыскного обеспечения производства по исполнению итоговых судебных решений

The Institute of Monetary Penalties in Criminal Law: Condition and Prospects

Ever since the Criminal Code of the Russian Federation was adopted, new amendments have been added to it every year. Thus, the system of criminal law measures has been regularly improved through changes to the existing norms, the abolishment of old norms and the introduction of new ones. On the whole, modern Russian criminal policy is aimed at increasing the number of possible measures of influencing lawbreakers. One of the latest innovations is the institute of court fines introduced by the Federal Law № 323-ФЗ of July 3, 2016. It is a beneficial innovation. Monetary penalties can now be used practically at all stages of court procedures: before delivering a judgment - as a court fine, and as part of the sentence when a fine is a criminal penalty. This could have a positive impact on court procedures and the enforcement of criminal measures, it could also increase income to the budget in the unstable financial conditions. However, the imposition of monetary penalties has some drawbacks, as it may not be always possible to control the payment of fines by the perpetrators, especially when such payments are done one-time. There are some other issues and negative sides connected with the further development of the institute of monetary penalties. The analysis of penalties enforcement allowed the author to identify one vital drawback - a gap in the legal regulation regarding the control that a specially authorized agency has over the perpetrators. While this could be considered acceptable in the case of court fines, it is not adequate for the goals of criminal punishment. The results of the generalized analysis of punitive measures allow the author to conclude that it is necessary to make monetary penalty a measure that is different from criminal punishment; it should be enforced in cases of exemption from criminal liability or as an obligatory addition to criminal punishment.

The Front End of the Carceral State: Police Stops, Court Fines, and the Racialization of Due Process

AbstractA promising new field of research examines racial disparities within the criminal legal system and reveals how mass incarceration contributes to already-existing social inequalities. This e...

HOW TO SOLVE THE ISSUE OF TERMINATION CRIMINAL CASE UNDER ST. 25.1 CODE OF CRIMINAL PROCEDURE UNDER THE PURPOSE OF THE HEARING?

The article deals with the issues related to the legal regulation of the new grounds for termination of a criminal case or criminal prosecution - in connection with the appointment of the accused measures of a criminal nature in the form of a court fine and peculiarities of its application at the stage of appointment of the court session. As you know, the possibility of termination of the criminal case at this stage of the process is implemented at a preliminary hearing, where in conditions of competition, with the participation of the parties, that is, taking into account their opinion, the court, instead of appointing a trial, if there are necessary reasons, decides to terminate the criminal case or criminal prosecution, which is an important guarantee against unreasonable Moreover, the adoption of such a decision helps to reduce the time of criminal proceedings and its resolution, procedural costs, including material and organizational nature. As judicial practice in connection with application of the new basis of the termination of criminal case is only acquired, research of this question is actual and from the theoretical, and practical parties. The paper uses General scientific and special-legal research methods: analysis and synthesis, legal modeling, formal-legal. The scientific novelty of the research consists in the author's approach to the study of the problem, which allowed the author on the basis of a comprehensive study of the Institute of termination of criminal proceedings or criminal prosecution in connection with the appointment of the accused measures of a criminal nature in the form of a court fine to justify the need to improve both the procedure for resolving the issue of termination of a criminal case on this ground, and the legal regulation of the conditions of application of this ground.

COURT FINE AS THE OTHER MEASURE OF CRIMINAL-LEGAL STATUS

The article observes the problems of exemption from criminal liability realization with court fine imposition. The author analyzed the term court fine in various laws of the Russian Federation. The author draws attention to the correlation of another measure of a criminal-legal nature in the form of a court fine and punishment in the form of a fine. The questions of practice of application of the judicial penalty, problems arising at lawyers at its execution are investigated. The author illustrated possible negative consequences of the other measure of criminal-legal status implementation in the means of court fine. The сritical analysis is given to the provisions contained in the Federal Law No. 323-FZ dated July 03, 2016 About alterations being made in the Criminal Code of the Russian Federation and in the Criminal Procedure Code of the Russian Federation of the Russian Federation concerning the guestions of improving foundations and basis of exemption from the criminal liability and other innovations. The article contains an analysis of judicial practice on the application of a court fine, as well as recommendations set forth in Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 dated November 29.

Considerations on Public Integrity Standards for Romanian MPs

The paper analyzes the implementation and effectiveness of public integrity standards within the Romanian Parliament, in the respect of the rule of law principle and in terms of the parliamentary mandate legitimacy. The subject is approached in the light of the recent European Commission Verifi cation and Cooperation Mechanism (CVM) Reports on Romania, focusing on the legal framework for public integrity and high level corruption limitation measures. The study uses different perspectives: (1) an analysis of the legislation suffi ciency regulating MPs incompatibilities and confl icts of interests, (2) the transparency level of parliamentary procedures concerning the termination of the parliamentary mandate, (3) and the legal framework’s most important evolutions, in terms of MPs integrity standards. The study presents a critical overview of the recent amendments issued by MPs, in order to limit the impact of public integrity framework and to restrain the legal competences of the National Integrity Agency (NIA). The constitutional jurisprudence analysis brings an additional insight related to legislation stability and law implementation, in terms of the fi nal court decisions enforcement. Recent CVM reports on Romania (European Commission, 2014, 2015, 2016, and 2017) emphasize that political will and political commitment are decisive for the success of implementation and irreversibility of curbing corruption public policies and strategies. The article also inquires the feasibility of the main priorities of National Anti-Corruption Strategy (NAS) (2016-2020), in terms of promoting legislation stability and adopting a codifi cation of public integrity standards. The paper tries to evaluate the level of political commitment of the Parliament towards the enforcement of integrity legislation and irrevocability of anticorruption strategies and public policies. The conclusions propose legislative solutions in terms of raising public integrity standards. Also, the study assesses the viability of CVM removal hypothesis and inquires the possible consequences on rule of law guarantees of such a scenario.

Νομικά ζητήματα σχετικά με την παρένθετη μητρότητα στην Ελλάδα

The aim of this study is to highlight critical legal issues related to surrogate motherhood and to propose solutions to improve the current legal framework. In particular, it refers to the need for a final court decision to apply surrogate motherhood, the preconditions examined by the court to grant the relevant license, the meaning of the term "medically impossible to get pregnant", the content of the agreement between the applicants and the surrogate mother and finally the preconditions for considering a woman suitable for becoming a surrogate mother, with an emphasis on age-limits.

The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights

On the 16 April 2005, after a period of gestation of about one hundred years, the Caribbean Court of Justice (CCJ) was inaugurated in Port of Spain, Trinidad and Tobago.1 The establishment of the Court was received by many as one of the most important events in Caribbean legal and political history as it was expected both to end the long lasting post-colonial legal and judicial dependence of the Caribbean on the UK2 and to strengthen Caribbean integration vis-à-vis the challenges posed by globalization at the end of the Cold War.3 In the words of its first President, Mr Michael de la Bastide: The establishment of this Court is certainly a landmark event in the history of the Caribbean. … The Court has the capacity to make an important contribution to the integration movement in the Region, and … to give to the people of the Caribbean ‘the full benefit of what a final Court can do to transform society’.4

Judicial Appeal of Due Process Hearing Rulings: The Extent and Direction of Decisional Change

Extending the scope of two exploratory single-state studies, this empirical analysis determined the extent and direction of the outcome change from the impartial hearing officer (IHO) decision to the final court decision for a national sample of cases under the Individuals With Disabilities Education Act. Based on a random sample of 116 published court decisions from 1998 through 2016, the authors identified the rulings for “issue categories,” such as eligibility, free appropriate public education, and tuition reimbursement, in the final court decision and, via its published opinion, the preceding adjudicative levels down to the IHO. The primary finding for the 183 issue category rulings was that 70% had only slight or no change from the IHO to the final court level. Other findings included the following: (a) the net change was higher for states with a second administrative tier, which is a review officer, than for those with only the single tier of an IHO; (b) the net change was also higher for cases reaching the appellate rather than only the trial court level; and (c) the most frequent issue categories were free appropriate public education (55%) and tuition reimbursement (18%), both with a slight net outcome change in the district’s direction.

FORUM PRIVILEGIATUM SEBAGAI WUJUD PERADILAN YANG ADIL BAGI MASYARAKAT

This paper aims to find out whether the privilegatum forum is needed or not to bring about a fair justice for the community. The state provides fair recognition, guarantee, protection and legal certainty for everyone without distinction of ethnicity, religion or position, including the poor who are unable to have access to justice properly, but in reality justice is not easily obtained, including those who are economically is under. Justice is illustrated more easily by those with special standing as state officials. In order to realize the balance of law and balance the sense of justice in the community, it is time for the forum privilegatum made a permanent choice for state officials who commit criminal acts. Through the privilegatum forum, the dismissal and punishment of state officials committing crimes is committed through special court mechanisms. This special tribunal is the first and final courts whose decisions are final and binding.

Achieving media independence through legal and regulatory measures: A formality or reality?

Abstract Ghana’s Fourth republican constitutional provisions on the independence of the media and of expression were subjected to a qualitative assessment on the question: has it lived up to expectation? The study showed that the constitution marked a takeoff point for media liberalisation that led to increased private ownership participation and broke the “culture of silence” to some appreciable extent within the public sphere. Some shortfalls were identified and these were: the media lacks right to information, some archaic laws still exist in the statute books and huge court fines cripple media outlets.

The Structure of the Australian Federal Judicial System: Some Observations for the Future Workings of the European Courts

This year (2001) Australia celebrates the centenary of the federation of its states into the Commonwealth. With that federation came a system whereby federal law was able to be exercised both by courts created by the Common wealth Parliament and the courts already established by the states. I have been asked to speak about the jurisdiction of these courts, their procedures and their relationship to each other. I have concentrated my discussion on the High Court of Australia and the superior courts ? the Federal Court of Aus tralia and the Supreme Courts of the States. As this symposium is concerned with the European Court of Justice and its future, I shall attempt to explain how the sharing of jurisdiction between those courts works and how the High Court preserves its special position as the interpreter of the Constitution and the final court of general appeal. RabelsZ Bd. 66 (2002) S. 291-307 ? 2002 Mohr Siebeck ISSN 0033-7250

Congestion and Delay in the Final Court of Justice – An Economic Interpretation

Congestion and Delay in the Final Court of Justice – An Economic Interpretation