Judicial Activity Research Articles

Achieving Judgment by Means of Forensic Science During the Criminal Proceedings in Romania

Achieving the function of judgment by means of forensic science during the criminal proceedings in Romania has presented a real challenge for the judicial system during the years. This challenge must be integrated within the general framework of justice in criminal matters, based primarily on the traditional principles as well as the European ones, such as due process and solving penal cases in reasonable time. The current paper aims to analyze the function of judgment and its achievement through scientific techniques and methods provided by the forensic sciences. Another aim is to consider the penal procedure imperative which leads to ensuring a fair trial. The current paper is part of a research project conducted on the three functions of penal proceedings - accusation, defense and judgment - and their achievement by means of forensic science. The research results state that regarding the function of judgment, its achievement still creates difficulties for judges in their judicial activity of interpreting scientific evidence gathered and examined by the forensic experts. This aspect indicates that there is a lack of understanding the forensic evidence among judges. Despite this deficiency that exists in the judicial activity of solving penal cases and pronouncing decision based on the forensic evidence, it is useful for judges to take into account the forensic science investigation in an inter-professional approach provided by the forensic science. In this context, the forensic experts work in close cooperation with other practitioners, such as legal forensic scientists.

TO THE PROBLEM OF USING INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS

The article is devoted to the analysis of the procedural order for working with information, highlighting the theoretical and legal foundations for implementation, as well as determining the main directions for further improving the criminal procedural legislation, and the like. As a result of the study, several provisions and conclusions were formed regarding the deepening of the theories of criminal procedure and forensic science, the substantiation of proposals for improving the current criminal procedural legislation, the development of modern forensic recommendations (technologies) for the investigation of crimes. We draw your attention to the fact that the high efficiency of crime investigation directly depends on modern information technology support of criminal proceedings. Analysis of regulations and investigative practice of using modern technologies for the use of information in criminal proceedings makes it possible to improve algorithms (forensic techniques) for investigating certain types of crimes. The problems of using information technology support for the investigation of crimes fell into the circle of studies of both foreign and Ukrainian scientists. However, the analysis of normative acts – the existing regulatory framework governing the issues of modern technologies for the use of information in criminal proceedings, allows us to make a preliminary conclusion that in the existing forensic studies, insufficient attention is paid to the use of modern technologies for the use of information in criminal proceedings. With the development of scientific and technological progress, the possibilities of technical and forensic methods and means in the investigation of crimes increase. An indicative situation in this respect was observed in forensic photography; now it is observed: in the use of the capabilities of the Internet, computer technologies (the formation of an element base on ultra-large integrated circuits, ensuring productivity up to 10,000,000,000 operations per second, the presence of artificial intelligence, which significantly expands the capabilities of computers in processing incoming information, the ability of a person to communicate with computers on natural language through speech and graphic exchange of information, etc.), nanotechnology, laser technology, robotics, the use of human intelligence, progress in engineering, medicine, chemical (pharmaceutical) industry, continued automation (workplace, mobile laboratories, etc). Increasing the efficiency of the use of forensic tools and methods is possible only under the condition of a systematic solution of interrelated problems of organization, legal regulation, scientific, technical, and methodological support of this process. It should be borne in mind that there are no “trifles” when cleaning up the traces of crimes with the use of technical and forensic means and methods to uncover and investigate crimes. Thus, during this study, we came to the following conclusions: 1) the dissemination of scientific and technical methods and means in law enforcement activities predetermines further scientific (theoretical) rethinking of legal, organizational, and tactical problems of their use; 2) information support of criminal proceedings, carried out at the present stage of development and reform of law enforcement agencies in Ukraine, requires a wider involvement and application of modern information technologies, and the latest achievements in various fields of science; 3) modern information technology is a complex tool that opens new prospects for application in investigative, operational, expert, advocacy, prosecutorial and judicial activities. Key words: innovation, information, criminal proceedings, crime investigation, modern technologies

Legal status of sabbot and responsibility to humanity

The paper reveals the role the concept of recognizing the sabbot (robot or program with electronic intelligence) as an "electronic legal entity" must take into account the danger of placing humanity, society, states of this "electronic person" in the same social order as a person when using electronic intelligence in lawmaking, human rights and justice state authorities and international, interstate legal structures, institutions, and, in particular, in the criminal law of most countries. Today, humanity has moved to a new innovative and technological stage of its development, and the use of the latest technologies in all spheres of human existence has become widespread. The issue of the use of electronic intelligence in law-making, human rights protection and judicial activities of state authorities and international, interstate legal structures, institutions, and, in particular, in the criminal law of most countries of the world, is particularly acute. Taking into account the trends in the development of legal science to give electronic intelligence the legal status of a "person" or "electronic person", there is a danger of putting this "person" on the same social level as a personality. Conscious humanity is alarmed by the possible gradual granting of rights and freedoms to electronic intelligence and the possible equalization of these rights in the future with human rights, which becomes a threat to humanity both legally and socially and ethically. In any version of the legal development of society, the "electronic person", its creators, its owners, and its users have and will bear full criminal responsibility for committing computer crimes with the use of electronic intelligence or by itself as a "person". At the early stages of the development of the legal framework regulating this type of legal relationship between people and the sabbot (robot or program with electronic intelligence), it is necessary to provide "legal safeguards" for the impossibility of using electronic intelligence for criminal purposes against a person, society and the state of the world.

Udział Rzecznika Praw Dziecka w postępowaniu sądowoadministracyjnym

The publication aims at presenting the problem of participation of the Children’s Ombudsman in administrative court proceedings, based on the analysis of case law available in the Administrative Courts Case Law Database. Referenced judicial decisions demonstrate that while actions taken by the Children’s Ombudsman in the administrative court proceedings focus on the necessity of protecting the rights of the youngest ones, the Ombudsman’s activity is limited by the nature of the judicial activity of administrative courts within the polish legal framework and by their subject-matter jurisdiction.

Federal Bailiff Service and Departmental Security of the Judicial Department: Development Prospects

The article is devoted to the study of the question of possible directions for the further development of the institutions of the Russian judicial system. The Judicial Department, acting as a guarantor of the effective organization of the provision of judicial activities, reasonably concludes that it is necessary to create departmental security in order to strengthen the security of judges and the property entrusted to the judicial system. This paper analyzes the problems of the current stage and the prospects for creating an institution of departmental protection in the judicial system through the prism of historical and foreign experience. The author provides a justification for the need to return to the discussion of the proposal for the transfer of units that ensure the established procedure for the activities of the courts, to the subordination of the Judicial Department. The collected empirical material allows us to draw a conclusion about the economic feasibility of optimizing the structures involved in ensuring the safety of ships. The analyzed experience of a number of states that have a common history with the Russian Federation demonstrates the effectiveness and viability of the proposed reform model and additionally emphasizes the validity of the proposals put forward

Directions of improvement of efficiency of judicial expertise in cases concerning objects of intellectual property

Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court
 The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept "effectiveness of judicial expertise" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectual property objects, and it is emphasized that in legal practice the concept "effectiveness" has no purpose of defining the value of processes and technologies. It is noted that the effectiveness of judicial expertise is determined by the following components: ensuring rational and effective organization of judicial expertise; ensuring the validity, permissibility, reliability, completeness and objectivity of the provided expert opinion; improvement of the regulatory framework; organization of basic training of experts in the field of intellectual property. It is shown that the effectiveness ofjudicial experts in the field of intellectual property directly depends on the quality of special legislation. Thus, special industrial property laws have not solved a number of problems that can be identified only in the process of law enforcement, in particular, during the conduct of judicial and expert research.A well-grounded proposition that the effectiveness of the expert examinations in cases of intellectual property objects can be enhanced by more active involvement of experts in the field of science, technology, art, crafts, etc., who are not qualified judicialexperts. At that, the most effective form of such attraction may be the order of conducting examination of the commission in the composition of the specialist in the relevant industry and the certified expert of the respective specialty.It is also proved that such factors as judges’ workload, their experience, presence of additional training (education), presence or absence of specialization in this kind of judicial activity influence the completeness and comprehensiveness assessment of the litigation proceeding. The hope was expressed that the creation and commencement of the work of the High specialized Court on Intellectual Property issues will have a positive impact on the effectiveness of judicial expertise in this branch.

Legalization and Compliance: How Judicial Activity Undercuts the Global Trade Regime

AbstractThe crisis facing the World Trade Organization illustrates the trade-off between legalization and compliance in international legal systems. Dispute bodies can sometimes “overreach” in their rulings, leading to resistance from member states. This article looks at one form of legal overreach: the extension of legal precedent. We argue that extending previous decisions can reduce the flexibility that states include deliberately in their agreements. We utilize original data on individual applications of precedent in the World Trade Organization's Appellate Body decisions from 1995 to 2015 and on policy responses to those decisions. We find strong evidence that extending precedent reduces on-time compliance. It also leads to longer delays before members comply. The results speak to the life cycles of international organizations, as well as questions of design and cooperation.

Organizational and Legal Support of Courts in Ukraine

The article studies the organizational and legal support of courts in Ukraine. The relevance of the research is because the organizational and legal support of judicial activity is a constant factor that directly affects the effectiveness of the court, without which justice cannot be exercised at all. It is noted that the process of organizational and legal support of courts is the competence of the court staff and bodies of the State Judicial Administration of Ukraine, the system of institutional nature, where legal relations are clearly regulated by the existing laws and regulations of Ukraine. It is indicated that the organizational and legal support of the courts is manifested as a set of legal, socio-economic, organizational and economic and other measures that provide effective solutions to complex problems in the justice field. Organizational and legal support of the courts is perceived as a set of special measures, tools and methods that have legal content and are aimed at streamlining the structure and functions of the relevant units.

Reward for the loyalty, retribution for treachery: judicial practice of Chinggis Khan

The article is an analysis of judicial activity of Chinggis Khan towards persons who entered his service under different circumstances. Analysis allows to state that Chinggis Khan not always used the same criteria taking his decision on the reward for loyalty and punishment for treachery. Authors attempt to explain the reasons of taking one or another decision by Chinggis Khan and clarify their correlation with political ideology formed by him during the establishing of the Mongol Empire. Besides, it seems that the analysis of specific cases could help trace the process of forming the system of khans court which foundation was laid by Chinggis Khan just during the period of the unification of Mongol tribes at the initial stage of creating of his empire. The source base for the research includes medieval historical works: Secret history of Mongols, Sheng-wu qin-cheng-lu, Compendium of chronicles by Rashid ad-Din, Yuan shih, Altan Tobchi by Lubsan Danzan and some others. Positions of different scholars on decisions of Chinggis Khan are also taken into account.

Some Issues of Judicial Protection of Intellectual Rights with Internet-Technologies

The judicial protection of intellectual property rights contributes to the development of the economy and culture in society. Ensuring citizens’ access to justice is one of the most important tasks of any state. Digital technologies, including information and telecommunications networks, are beginning to be used both in Russia and abroad to improve access to justice. Currently, technologies already allow to carry out some procedural actions in the digital environment. However, the digitization of objects, including intellectual property, and the presentation of evidence through information and telecommunications networks may have a certain impact, for example, on the conclusions of experts or specialists, and ultimately on the results of the consideration of cases. The article analyzes Russian and foreign legal acts providing for the use of digital technologies, including in judicial activity. Some problematic issues and approaches of the Russian courts concerning the consideration of cases related to infringement of intellectual property rights used in the digital environment are also outlined.

Exploring Court Performance and Developing its Scale

Courts are an important part of the judiciary. To reduce the pendency of cases, measuring and improving court performance is important. With the objectives of exploring court performance and developing its scale, we conducted two interlocking studies. In study 1, we explored it conceptually. We identified the indicators of court performance through in-depth interviews of legal professionals and clients from the district courts of the Indian states of Uttar Pradesh (UP) and Uttarakhand (UK) (n = 51). Interviews were analysed using thematic analysis. Based on interviews, we generated items and refined them by using a pilot study (n = 105). After that, in Study 2, we surveyed court stakeholders to assess measurement dimensionality and reliability (n = 517). The scale’s dimensionality was tested using exploratory factor analysis and reliability was tested using Cronbach’s alpha scores. The scale indicated three dimensions: quality of judicial activity, access to justice, and public trust, and excellent internal consistency reliability (α = .959). This scale can be used to measure court performance by taking responses from legal professionals.

Judicial Transparency: Towards Sustainable Development in Post-Soviet Civil Society

The processes of transition to democracy that post-Soviet countries underwent in the early 1990s predetermined different directions for their further development. The author presents and proves the hypothesis that in the context of post-Soviet civil society, judicial transparency arose as a response to a social demand at a certain historical moment of crisis of public authority. The idea of transparency in post-Soviet countries appeared only at a certain level of development of political institutions and public law, pointing out the democratic transition of power. At the same time, its emergence established information asymmetry and the poor quality of state institutions of power. The need to ensure the transparency of judicial activity, in addition to the natural process of the democratic transition of power, is also driven in post-Soviet countries by two important factors. The first is that in the modern world, the judiciary is increasingly becoming involved in the process of law-making, which requires the transformation of existing ideas about the system of checks and balances. The second is related to a global tendency in the fight against corruption, which has been a key problem for the countries of this region for many years. Although it has become the de facto rule for developed democracies, transparency affects the development of the legal culture of populations in transitional democracies differently. It performs various functions, including educational, preventive, stimulating, communicative, protective, and others. The article pays special attention to the unique forms of communication between courts and the public that have arisen in post-Soviet countries with an unstable political situation. In studying them, the author highlights the transformation of transparency from a factor of the development of civil society into one of its results.

Design and Implementation of Road Traffic Responsibility Identification System based on Semantic Understanding and Similar Cases

<p>The deep integration of deep learning and the judicial field has led to the continuous development of judicial intelligence. Judicial intelligence can not only assist judicial practitioners to improve their work efficiency, but also better serve the public and promote judicial convenience. Liability determination is the main basic task of judicial intelligence, but with the increase in the number of cases, staff will spend a lot of time dealing with similar cases, reducing work efficiency and consuming energy, so this paper combines natural language processing technology, Recommendation strategy and deep learning, research and implement a road traffic responsibility identification system based on semantic understanding and similar cases. To a certain extent, it can assist sentencing decision-making and standardize judgment standards. This paper firstly studies and analyzes related technologies, then identifies similar cases, uses triples to extract text keywords, and then uses gensim library and text2vec library to calculate text similarity, and then uses D-S evidence theory to compare the above two methods. The fusion of the similarity calculation results, and combined with the road traffic responsibility identification system for application, in which the main function of the evidence theory is to complete the similar case recommendation and similarity calculation through the case description. The establishment of a road traffic responsibility identification system has the important value of improving the predictability of judicial activities and realizing formal and substantive justice.</p> <p> </p>

New Evidence of Justice-Giving by the Early Tudor Council of the North, 1540–43*

The Council of the North was regularly reinstituted under the early Tudor kings to keep the peace in a region that they saw as unsettled and susceptible to sedition. Yet this was not simply an imposition of governmental supervision from on high. The Council also served to meet popular demand for more accessible royal justice in the northern counties. Analysis of this provincial judicial activity and its potential benefits are limited by the lack of any central surviving archive for the Council today. This short article examines a series of judgments that it made between 1540 and 1543 in a suit between two Yorkshiremen, newly discovered among miscellaneous and uncatalogued legal materials at The National Archives. It provides a transcription of four orders made in this case, seemingly copied out of original order books, and contextualises them within the re-development of the Council under the Bishop of Llandaff in the late 1530s.

EUROPEAN STANDARDS FOR THE USE OF INFORMATION TECHNOLOGIES IN JUDICIAL PROCEEDINGS IN THE FACE OF MODERN CHALLENGES AND THREATS

Abstract. The most important problems in the use of information technologies in modern judicial proceedings are the establishment of a reasonable balance between the application of information technologies and traditional forms and methods of justice, respect for individual rights and freedoms in the use of modern technologies in the judicial resolution of legal conflicts. Purpose: to define international legal standards for the use of information technologies in modern conditions. Methods: the author applies such methods as dialectical, formal logical, structural-system analysis and synthesis. The results of the study make it possible to determine the main principles for the use of modern technologies in judicial proceedings: respect for human rights and the rule of law, access to justice, security. The basis for the legal regulation of the use of modern information technologies is a unified approach, independent of the specificities of national legal systems, necessary to overcome the challenges of rapid technological development that allows finding common practical solutions related to the digitalization of justice. The ideological basis for regulating the use of digital tools and high technology in justice is an anthropocentric approach, according to which the human being, his rights and freedoms are at the center of judicial activity. Such an approach will preserve and guarantee human rights in the face of modern technological challenges.

Does Modern Court Proceedings Need a Principle of Objective Truth?

The article analyzes the issue of the principle of objective truth in modern legal proceedings. The author analyzes the arguments of the opponents of this principle and its supporters. Failure to establish true knowledge of the facts when considering each case does not mean the absence of that principle. The civil procedure, the whole set of rules is aimed at establishing true knowledge about the facts, if there is a desire for this from interested parties. Without such rules, judicial activity loses its significance as the highest form of protection of rights.

Productivity and efficiency in the evaluation of judicial activity

The article raises the question of whether it is correct to use the term "efficiency" when evaluating judicial activity using quantitative indicators of judicial statistics. These indicators are focused on the departmental needs of a closed-in judicial system. The article shows that in relation to the assessment of the activity of courts according to judicial statistics, it is correct to use the term "productivity". The thesis of the article is that when evaluating the work of courts and judges, to distinguish productivity from efficiency. It is noted that the productivity of ships and their efficiency are not directly dependent. Particular attention is paid to determining what constitutes the effectiveness of judicial activity. The author comes to the conclusion that the effectiveness of judicial work can be investigated by studying the assessments of courts and judges by their "clients" - litigants, other persons involved in the case, society as a whole. Courts act effectively if their "reputation capital" increases in the eyes of society. The currently used indicators of judicial statistics should be replaced by an assessment of the effectiveness of justice based on a sociological study of the reputation of the judiciary. The judiciary should have its own structures to monitor changes in public opinion regarding the reputation of the courts. When considering a possible methodology for assessing the reputation of courts and judges, it is noted that it is not expressed in quantitative data. Shifting the emphasis in the evaluation of judicial activity to the study of efficiency will provide feedback to the judicial system with its "clients", will form additional motivation for judges to take care of their own reputation in the eyes of public opinion.

ТРАНСФОРМАЦИОННЫЕ СОЦИАЛЬНЫЕ ПРОЦЕССЫ В ОБЕСПЕЧЕНИИ СУДЕБНОЙ ДЕЯТЕЛЬНОСТИ

The article analyzes the impact of the digitalization of the economy and the transformation of public administration on the provision of judicial activities, as well as the prospects for the development of the legal profession and education. Actual examples of innovative processes of legal proceedings are given, the effectiveness of the activities of the judiciary of the Russian Federation during the COVID-crisis is analyzed.

Necessity Development Factor of Computerisation in Madras High Court For E-Govern and E-Court

The Government of India ICT has been instrumental in computerizing all sectors of the country. For the effective administration of Madras High Court, Information and Communication Technology (ICT) was applied in its judicial activities. It will speed case receiving and cases delivering without delay and hesitations, manual work would be considered as a secondary work, and importance would be given to e-governance to dispense cases easily and quickly and provide judgments rapidly. Delay in providing justice is delaying in living meaningful life and discipline life, without delay cases and judgments would be delivered rapidly as per the expectations and waiting of the petitioners through the e-governance method. Human being used to getting tired though they have been given their actual duty by the authority they will not do that on account of job satisfaction and security, by these justices are not dispatched and rendered quickly owing to the officer's manual work thereby petitioners will get unbelief and dissatisfaction on government as well as judicial. This article discusses the steps taken to computerize the High court and the need to expedite them.

Formation of Information Legal Relations in the Field of Justice

The article substantiates that under the influence of the active introduction of digitalization tools in judicial activity, which have acquired special significance in the conditions of the coronavirus reality, a special type of sectoral legal relations is formed – information legal relations that are formed in the course of the administration of justice. The purpose of the research is the theoretical substantiation of the existence of information legal relations in the field of the administration of justice as a separate type of information legal relations. The purpose of the research has determined the need to set and solve the following scientific tasks: to study the views of leading representatives of legal science on the legal nature of justice in its relationship with the right to judicial protection; to substantiate the existence of a special type of legal relations that arise in the course of the administration of justice as a form of the exercise of judicial power; understanding the impact of the COVID-19 new coronavirus pandemic on the development of electronic and digital justice institutions. Within the framework of this study, both general scientific (analysis, synthesis, method of system analysis, etc.) and special legal (formal-legal, comparative-legal) methods of cognition were used, which allowed to achieve the goal and solve the tasks set. According to the results of the conducted research, it is proved that the intensive introduction of end-to-end digital technologies in the judicial sphere allows us to conclude about the active formation of information legal relations in the field of justice. The conclusion is made about the expediency of studying the legal features of information legal relations in the field of justice, the system of legal and individual regulation of these relations from the perspective of the theory of integrative legal understanding in order to develop practical recommendations for solving problems that arise in the activities of courts due to the use of end-to-end digital technologies.