Principles Of Impartiality Research Articles

Pravovyi status ta funktsii prokuratury: yevropeiskyi dosvid

Comprehensive scientific analysis of the legal status and powers of prosecutors in European countries has been conducted. The position of the prosecutor’s office in the system of the state mechanism of the European countries has been investigated. The main criteria for determining the place of the prosecutor’s office in the system of state bodies have been given. Depending on the position occupied by the prosecutor’s office in the system of state bodies, four groups of states have been distinguished: 1) states where the prosecutor’s office is part of the Ministry of Justice (Austria, Belgium, Denmark, France, Germany, the Netherlands, Poland); 2) states where the prosecutor’s office is included in the judiciary (magistracy) and is in the courts (Bulgaria, Spain, Italy); 3) states where the prosecutor’s office is allocated to a separate system and is accountable to parliament (Slovakia, Hungary); 4) states where the prosecutor’s office as an independent body of the state is absent (England). It is stated that the issues of organization and activity of prosecutor’s offices in European countries are solved at the national level, but taking into account the common standards of functioning of prosecutor’s offices, which are developed at the international, supranational and regional levels. It is determined that the basic norms concerning the functioning of the prosecutor’s office in European countries are provided mainly in the acts of procedural legislation. It has been found that the prosecutor’s office in European countries has a fairly wide range of powers. They prosecute, monitor the activities of investigating judges and the judicial police, support prosecutions in court, participate in civil cases when the public interest so requires, and exercise many other powers provided by law to regulate the activities of the prosecutor’s office. It is concluded that the principles of objectivity, impartiality and independence of the prosecutor’s office are enshrined and implemented in practice in the legislation of almost all European countries. It is concluded that the general trend of development of the Prosecutor’s Office of Ukraine should be the expansion of its functions, non-interference of the legislative and executive authorities in the substantive activities of the Prosecutor’s Office.

Історія становлення європейського паралімпійського спорту (ХХ – початок ХХІ ст.)

The purpose of the study is to summarize the history of the development of Paralympic sports in European countries, to identify the main problems and prospects for the development of the Paralympic movement. Th e research methodology is based on the principles of historicism, objectivity, impartiality, and social approach, as well as the use of systemic, anthropological, integrated and value-based approaches. Th e general scientifi c (analysis and synthesis), general historical (chronological and historical-comparative) and interdisciplinary research methods (citation, content analysis, interpretative analysis) have been used. Th e scientifi c novelty lies in the fact that the origins of the European Paralympic Sports in the twentieth century are comprehensively analyzed, the participation of athletes with disabilities from European countries is covered, the origins and development of the Summer and Winter Paralympic Games are described, the main directions, problems and prospects for the development of the European Paralympic Movement are identifi ed. Conclusion. Th e Paralympic movement today is an important component of international sport, a key factor in ensuring the social adaptation of people with disabilities in society, maintaining the confi dence and faith of people with disabilities in their capabilities. In fact, there are no known and popular sports that do not involve athletes with disabilities. Th e number of Paralympic disciplines is steadily expanding. Paralympic sports contribute to optimizing the physical, mental, and moral condition of people with disabilities. With the development of the national system of physical education and sports, the need for further broad and comprehensive involvement of people with disabilities in active exercise should be broadened and given priority in the processes of socialization of people with disabilities. Th e creation of equal conditions for people with disabilities in terms of their involvement in physical education and sports is the main achievement of developed European countries. Th is experience of European traditions of Paralympic sports is very valuable for Ukraine as well.

Malpractice of Notary Law Profession in the Form of Authentic Deed Forgery (Denpasar District Court Decision Study Number 89/Pid.B.2020/Pn Dps)

Notaries are public offcial who carrying out their duties and authorities are based on the principles of honesty, trustworthiness, and impartiality. There is even a Notary in Denpasar Bali who commits a violation as stated in the Judge's Decision Number 89/Pid.B/2020/PN Dps.The purpose of the research to describes the Judge’s Decision from the act aspect and malpraktice form in criminal law perspective. The research is doctrinal, then secondary data is as main data (reference, legal document that are relevant to the problems). Data collecting through library research. Data analysis using criminal law principles. The result show that the act of notary in the Judge’s Decision accordance with Article 264 paragraph (1) and (2) jo Article 56 of the Penal Code. Therefor a notary makes a mistake and must be responsible. Furthemore, the act of notary is called criminal malpractice, but also standart of conduct.

Explicability of humanitarian AI: a matter of principles

In the debate on how to improve efficiencies in the humanitarian sector and better meet people’s needs, the argument for the use of artificial intelligence (AI) and automated decision-making (ADMs) systems has gained significant traction and ignited controversy for its ethical and human rights-related implications.Setting aside the implications of introducing unmanned and automated systems in warfare, we focus instead on the impact of the adoption of AI-based ADMs in humanitarian response. In order to maintain the status and protection conferred by the humanitarian mandate, aid organizations are called to abide by a broad set of rules condensed in the humanitarian principles and notably the principles of humanity, neutrality, impartiality, and independence. But how do these principles operate when decision-making is automated?This article opens with an overview of AI and ADMs in the humanitarian sector, with special attention to the concept of algorithmic opacity. It then explores the transformative potential of these systems on the complex power dynamics between humanitarians, principled assistance, and affected communities during acute crises. Our research confirms that the existing flaws in accountability and epistemic processes can be also found in the mathematical and statistical formulas and in the algorithms used for automation, artificial intelligence, predictive analytics, and other efficiency-gaining-related processes.In doing so, our analysis highlights the potential harm to people resulting from algorithmic opacity, either through removal or obfuscation of the causal connection between triggering events and humanitarian services through the so-called black box effect (algorithms are often described as black boxes, as their complexity and technical opacity hide and obfuscate their inner workings (Diakopoulos, Tow Center for Digital Journ, 2017). Recognizing the need for a humanitarian ethics dimension in the analysis of automation, AI, and ADMs used in humanitarian action, we endorse the concept of “explicability” as developed within the ethical framework of machine learning and human-computer interaction, together with a set of proxy metrics.Finally, we stress the need for developing auditable standards, as well as transparent guidelines and frameworks to rein in the risks of what has been defined as humanitarian experimentation (Sandvik, Jacobsen, and McDonald, Int. Rev. Red Cross 99(904), 319–344, 2017). This article concludes that accountability mechanisms for AI-based systems and ADMs used to respond to the needs of populations in situation of vulnerability should be an essential feature by default, in order to preserve the respect of the do no harm principle even in the digital dimension of aid.In conclusion, while we confirm existing concerns related to the adoption of AI-based systems and ADMs in humanitarian action, we also advocate for a roadmap towards humanitarian AI for the sector and introduce a tentative ethics framework as basis for future research.

NEPOTISM AS A BASIS FOR REMOVAL (SELF-RECUSAL) OF THE COURT’S COMPOSITION: ANALYSIS OF JUDICIAL PRACTICE

At the moment, Ukraine is trying hard to meet both European and international standards. This is manifested not only in the reform of public authorities, the creation of new state bodies, whose main task is to combat and prevent corruption, but also to bring national legislation in line with international standards. In our opinion, Ukraine’s orientation to comply with international provisions on the independence and impartiality of judges is the key to creating a judicial system that should operate in a democracy, and is a factor that will contribute to the effective implementation of other legal reforms. In every democracy, the court must be independent and impartial. Without exaggeration, we can say that this is one of the fundamental principles of the judiciary. The principle of independence and impartiality of the judiciary includes many elements, among which a prominent place is occupied by the institution of removal of a judge from participation in the case. In this study, we would like to demonstrate the complexity of proving the grounds and facts that are necessary for the removal of a judge by analyzing the decisions of different judges. Proposals were made to improve the norms of national legislation and bring it in line with international norms. The authors drew attention to law enforcement practice, as in some cases the decisions of some courts directly contradicted others.

The Principles of Good Judiciary in Indonesia and Malaysia

The judiciary is part of the government, so it is obliged to implement good governance in judicial administration. the principles of good judiciary at least contain elements of equal treatment by the law (equality before the law), honesty (fairness), impartiality, freedom in making verdict, the ability (competency), the open integrity or transparency, easy to visit (easy access), timely (timeliness), certainty. Indonesia and Malaysia have accommodated the principles of good judiciary, such as: the principle of judicial independence, the principle of legality, the principle of impartiality, the principle of judgment must be accompanied by reasons, the principle of easy access, the principle of audi et alteram partem, and the principle of openness to trials. The mechanism for implementing good judgment in these two countries is carried out by accommodating these principles in statutory regulations

SOCIALLY ENGAGED BUDDHISM AND PRINCIPLED HUMANITARIAN ACTION DURING ARMED CONFLICT

ABSTRACT In this paper, we will highlight the correspondences between the Socially Engaged Buddhism movement, especially as defined in the practice of the late Thich Nhat Hanh, and the core principles of humanity, impartiality, neutrality and independence originally adopted by the International Red Cross and Red Crescent Movement. These principles also underpin the neutral, impartial and independent approach to humanitarian action, used by agencies working under the auspices of the United Nations’ Inter-Agency Standing Committee and Office for the Coordination of Humanitarian Affairs, along with those who have signed the Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organizations in Disaster Relief. We hope this paper is a modest but useful contribution to create better understanding and to generate dialogue among different stakeholders in the humanitarian field, particularly in the context of armed conflict.

Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial

The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.

Amministrazione digitale algoritmica e garanzie procedimentali

The use of Artificial Intelligence systems, and in particular algorithmic decisions, constitutes a great potential for the Public Administration, also in view of the principle of impartiality and good performance under Article 97 of the Constitution and the right to good administration under Article 41 of the European Charter of Fundamental Rights. To this end, however, it is necessary to identify the conditions of admissibility for the legitimate use of algorithms, and the rules of the administrative procedure must be adapted to the new tool in order not to lower the standard of protection of the citizen.

Pension Provision for Judges in the Russian Empire

Introduction. Pension provision is one of the institutions which ensure the implementation of the principle of independence and impartiality of judges. The reform of the modern judicial institutions should take into account the accumulated historical experience of creating and developing both state and non-state pension mechanisms. The analysis of the genesis of pension legal relations in autocratic Russia allows us to understand the essence and purpose of modern institutions of post-service provision for judges, as well as to obtain a scientific basis for the ongoing transformations of the pension system as a whole. Theoretical Basis. Methods. The purpose of the research is to identify patterns and factors of creation and development of pension institutions for judicial employees in autocratic Russia. To achieve this goal, the following tasks were investigated: an analysis of the causes of the emergence and transformation of state pension institutions for Russian judges in the period from the XVII to the beginning of the XX centuries, the study of the system of emerital pensions of the Ministry of Justice of the Russian Empire, other non-state methods of pension provision, and the determination of functional characteristics of pensions of judicial employees in the specified period. In the course of the research a dialectical method of scientific knowledge was used, from the standpoint of which the reforms of the pension system and related legal norms were considered comprehensively, in development, interrelation and interaction with other phenomena of social and political life. General scientific (analysis, synthesis, deduction, induction, analogy, system- structural, functional, etc.) and specific scientific (formal-legal, comparative law, philological) methods were based on the dialectical method. Results. As a result of the research, the following conclusions were made: the pension system as a form of post-service provision for judges gradually replaced the system of feedings and estates as the rewards for service. Starting with one-time appointments of pensions personally by the monarch, the pension system gradually began to cover all civil servants. At the same time, seniority pensions in the autocracy could be received not only by judges, but also by other employees of the court apparatus. Additional pension guarantees for judicial employees appeared after the creation of the emerital Fund of the Ministry of Justice of the Russian Empire, as well as The Committee for the Charity of Honoured Civil Servants. Pensions in autocratic Russia had a broad function, including stimulating long-term honest service and preventing corrupt behavior. Discussion and Conclusion. State pension provision in Russia has always been an important element in the system of other legal incentives attracting the most talented lawyers to work in the courts. Of all forms of material security for judges, pension provision is the most conducive to conscientious public service of a judge as it is a kind of reward, a goal which can only be achieved through a long period of faithful service.

The downside of moralizing financial markets: Anti-Semitic stereotypes in German MTurkers

Society increasingly demands ethical motives from investors. Like other judgments, however, the moral evaluation of investments can be influenced by stereotypes. We investigate whether subjects’ evaluation of investments as immoral violates the commonly accepted principle of moral impartiality—the view that moral evaluations of actions must not depend on the actor’s arbitrary personal characteristics. Recently, the media discussed such a violation when criticizing an internal remark of a German financial regulator (BaFin), which stated that most short sellers of Wirecard stocks came from Israel was “striking”. Through a between-subjects experiment, we find that young German MTurkers with generally centrist political attitudes display behavior consistent with an anti-Semitic stereotype: They are much more likely to evaluate the very same investment as immoral if it is made by an investor with a name perceived as Jewish. The triggering of this stereotype should prompt us to consider the moral evaluation of investors with caution.

Saving Lives: For the Best Outcome?

In this article, I critique a moral argument developed in Frances Kamm’s Intricate Ethics: Rights, Responsibilities, and Permissible Harm. The argument, which I label the Best Outcome Argument, aims to criticize the Taurekian idea that it is not worse if more people die than if fewer do in conflict situations, where it is hard to distinguish individuals from one another solely by reference to the relative strength of their claims. I argue that the Best Outcome Argument is flawed for three reasons: (1) the symmetry feature defined by the impartiality principle holds only in a limited class of conflict situations; (2) individuals should be treated in a consistent way throughout the whole process of reasoning; (3) comparative evaluations gained in different contexts, at least in some cases, cannot be used in one and the same argument.

POPULATION CRITERIA AND BUDGETARY DETERRANT: DETERMINING FACTORS IN THE QUALITY OF THE SPANISH CRIMINAL JUSTICE SYSTEM

What is the quality of justice? As Melcarne and Ramello (2019) have recently pointed out, there is no clear interaction between quality and quantity in understanding or measuring judicial performance. However, the lack of human resources is often blamed for delays in the delivery of decisions (quantity) in most judicial systems - and could in fact mean a violation of the principle of due process. However, the study shows how difficult it is to assess quality, since even quantity (in fact calculable) cannot always be a trustful variable to measure it. In Spain, it is possible to assume that penal judges work more or less the same. Yet, not all judgments have the same quality. The problem is in the District Courts (some of insufficient size) with provincial criminal jurisdiction. They constantly run the risk - and do so - of breaching the principle of judicial impartiality. This does not happen in the Spanish Supreme Court or in the large District Courts. It is a problem in the judicial performance of justice and in the Administration of Justice. Yet, there are no budgetary or even regulatory stimuli to resolve this situation. A situation that implies a breach of the principles of due process and therefore of the fundamental rights of the accused.

CASE LAW OF THE EUROPEAN COURT REGARDING COMPLIANCE WITH THE PRINCIPLE OF IMPARTIALITY IN JUDICIAL PROCEEDINGS

The article is devoted to the essence of the principle of impartiality of a judge in court proceedings as a separate element of the right to a fair trial, defined by a number of national and international law provisions. It is substantiated that in the context of the significant impact of the European Court of Human Rights on the implementation of judicial proceedings in Ukraine, consideration of certain areas of its practice is particularly relevant not only for its understanding but also for effective application in a court. The study focuses on the subjective and objective factors of a judge's impartiality, their relationship and interaction. It was revealed that the subjective component of the judge's impartiality is the lack of internal convictions and views of the judge, indicating his interest in the outcome of the case. The objective component has an external character and is manifested in the presence of external factors that can influence the judge when considering the case. The most significant objective factors are: the judge's relationship or other close relationship with the participants in the trial, the judge's participation in the same trial in a different capacity, the possibility of pressure on the judge by other judges, especially the court administration, and by other authorities; officials on whom a judge's career or even his or her tenure may depend. This approach to the objective impartiality of a judge allows us to speak of its close connection with independence, which is much broader in content, but its essence is precisely the ability of a judge to freely and objectively make a decision on the case. A comparative analysis of the principle of impartiality of judges in the judicial process, which is applied in the practice of the ECHR and national courts, revealed certain differences. Thus, the position of the ECHR is that even in the slightest doubt about the bias of a judge that may arise by the part of the process, the burden of proving its absence lies on the judge by providing sufficient objective data. In national judicial practice often the approach is applied when a judge may not grant a request for recusal if he considers it unfounded, so the participant must prove the validity of his doubts about the judge's impartiality by himself.

United to rescue? Humanitarian role conceptions and NGO–NGO interactions in the Mediterranean Sea

ABSTRACT The large number of asylum seekers dying off the coast of Libya has turned the Southern Mediterranean Sea into a new humanitarian space, prompting 11 non-governmental organisations (NGOs) to launch maritime Search and Rescue (SAR) operations between 2014 and 2017. These NGOs engaged in a complex web of interactions, ranging from rare instances of hostility, competition and mistrust to coordination, cooperation and integration. Drawing on role theory, I argue that organisational role conceptions are key to shaping NGO–NGO interactions. The humanitarian principles of neutrality, impartiality and independence serve as action scripts that inform NGOs’ role in the humanitarian space. Sea rescue NGOs have upheld different interpretations of humanitarian principles, developing supportive, neutral, or confrontational approaches vis-à-vis European governments’ border control policies. By leveraging content analysis and semi-structured interviews, I show that organisations with matching role conceptions have engaged in tighter forms of cooperation; charities with divergent role conceptions, by contrast, have shown a tendency to develop mistrust and engage in more competitive interactions. These frictions inhibited NGOs from forming a united front vis-à-vis policy restrictions and criminalisation, hindering the legitimacy and viability of non-governmental sea rescue.

RELIGIOUS RADICALISM FRAME IN THE ONLINE MEDIA NEWS (Framing Analysis Reporting Of “ISIS” In Republika.co.id and Tempo.co)

This study aims to explore how the framing of Islamic radicalism through the reporting of the group "ISIS" in two online media, namely in Republika.com and Tempo.co with an impartiality perspective. The research method used is descriptive qualitative by using a discourse strategy that sees the text and its context as information that contributes to communicating the contents of the message. Primary and secondary data are obtained from news curators, online portals, and library studies. While the unit of analysis is ISIS radicalism news in Republika.co.id and Tempo.co in the period of August to December 2014 that falls within the three criteria of radicalism news, namely acts of violence, beliefs championed, old-fashioned views or rigid thoughts that underlie acts of violence using techniques framing analysis of Gamson and Modigliani models. The results showed that news about radical "ISIS" included in the category of news construction that was emotional, sadistic, provocative and without confirmation. In addition, the quality of reporting often adorns with words that appear hyperbole and bombastic, the coverage is less profound and changes in a matter of minutes. The trend of Tempo.co and Republika.co.id dramatizes and exaggerates what happens in conflict areas by using connoted language rather than language that has a literal meaning. Then it has not fulfilled the principle of impartiality of news which can be seen from the neutrality and balance of news that determines the quality of reporting.

Intervention Brigades in United Nations Peacekeeping Operations and Challenges Posed to International Humanitarian Law

In recent decades, the United Nations (UN) has directed its peacekeeping operations to be practice-driven. This has led to an alternative approach to state-military contacts, such as those provided by the United States and other nations; the UN is more inclined to consolidate and strengthen its liaisons through Intervention Brigades. The efficacy of these brigades lies in providing military assistance to UN operations and catering to logistics, training, and advice. Advocates of peace, the UN peacekeeping operations (UNPKOs) are based on consent, impartiality, and non-utilization of force (excluding times of civilian protection and self-defense). However, as Intervention Brigades gain momentum, 'robust' peacekeeping is becoming more regulated; thus, promoting 'force' against rebel groups and/or militias. When aligned with robust Intervention Brigades, which utilizes more force than lawfully permitted, UN peacekeeping (UNPK) missions question these operations' credibility, thus blurring the conceptual difference between peacekeeping and peacebuilding. Conspicuously, this exploits the traditional principle of impartiality using hard power and violates the International Humanitarian Law (IHL). Exemplifying through the case study of the Democratic Republic of Congo (DRC), this paper aims to discuss the abovementioned discrepancy resulting in complications for the discipline of Peace and Conflict Studies (PCS). As the discipline promotes achieving peace through „soft‟ means, the paper reviews the subject under Chapter VI & VII of the UN charter and highlights the grey areas of IHL applicability in UN peacekeeping and Intervention Brigades.

Cyber-Peacekeeping and International Law

This chapter discusses how international law applies to cyber-peacekeeping by focusing on the United Nations peacekeeping operations. The chapter first explains which peacekeeping tasks can be ‘cyberized’ and then discusses the technical and legal challenges that arise in view of the peacekeeping principles of consent, impartiality and use of force in self-defence. The chapter then goes on to examine the regulation of the use of lethal force in cyber-peacekeeping in the course of an armed conflict but also outside the context of an armed conflict. It finally identifies a number of institutional, political and legal challenges facing cyber-peacekeeping and makes recommendations as to how they can be addressed. Its main argument is that cyber-peacekeeping can improve the effectiveness of United Nations peacekeeping operations and for this reason its referent institutional, political and legal framework needs to be considered carefully.

“Who are the Judges?” or the Russian Judicial System and Statistics

This article reveals the reasons that impede the effective functioning of the Russian judicial system. An interdisciplinary study was conducted using statistical data on the education of judges, work experience, and the gender composition of the judiciary. The level of judges’ workload and the volume of processing were analyzed. The statistical data of sociological surveys concerning the judicial system of Russia and the attitude of the population and professional lawyers to it are considered. The study formulated a number of conclusions. So, the problems associated with the recruitment of judges have been identified. It has been established that the apparatus of courts becomes the forge of judicial personnel, that is, "the judicial system begins to reproduce itself." A hypothesis that explains the features of “pre-trial prejudice” in Russian courts is formulated. It was revealed that the excessive workload of domestic courts is a serious obstacle to the implementation of quality justice. The conclusion is made that the above reasons underlie the lack of effectiveness of legal proceedings and impede the administration of justice in accordance with the principles of impartiality and independence.

The Politics of Protest Policing

The dramatic fallout from the siege of the US Capitol by supporters of Donald Trump has included extensive debate about the role of law enforcement before and during the events. The apparent lack of adequate preparation and deployment fits with disturbing trends in protest policing, reflecting pervasive discrepancies between police responses to protests by right-wing or white supremacist movements and their responses to Black Lives Matter (BLM) or left-wing movements. This article addresses the ethical and political implications of these discrepancies by making the case for impartiality rather than neutrality in protest policing. The principle of impartiality is preferred because of its comparative advantages in expressing and encouraging rights-respecting forms of protest policing. The case for impartiality is also related to calls for a broader overhaul of protest policing, including a reversal of trends that pose a serious threat to the rights of assembly and protest.