Judicial Research Articles

Disparity in the Charges of Customs Crimes: A Study of Decision Number 42/Pid.B/2024/PN Rhl and Decision Number 43/Pid.B/2024/PN Rhl

This research aims to analyze the disparity in the charges of customs crimes in a case study of Decision Number 42/Pid.B/2024/PN Rhl and Decision Number 43/Pid.B/2024/PN Rhl. This normative legal research employs a tripartite approach, encompassing a statute approach, a comparative approach, and a case study approach. Data analysis uses a qualitative content analysis approach to describe the problems and address the research objectives. The research results indicate a significant disparity in the charges between the two decisions, while both defendants were proven to have jointly committed acts that fulfil the elements of a criminal offence as regulated and punishable under Article 102 point an of Law Number 17 of 2006 Juncto Article 55 section (1) of the Penal Code. Conversely, the Public Prosecutor presented substantially different charges: two years imprisonment for one defendant and four years for the other defendant. This disparity in the charges, which reached twice as much, raises serious issues regarding proportionality and fairness, violates the principle of equality before the law, negatively impacts legal certainty (rechtszekerheid), which in turn can erode public trust in the judicial system and hinder fair law enforcement. To mitigate the disparity in the charges, comprehensive and systemic efforts are needed, including the establishment of detailed and structured sentencing guidelines, increasing the capacity and professionalism of Public Prosecutors, strengthening oversight and evaluation mechanisms of the Public Prosecutor’s performance, and implementing an effective case management system to identify potential disparities early on.

ЄВРОПЕЙСЬКІ МОДЕЛІ АДМІНІСТРАТИВНОЇ ЮСТИЦІЇ ІЗ ЗАХИСТУ ПРАВ І СВОБОД ОСОБИ

The article deals with European models of administrative justice, which aim to protect the rights and freedoms of individuals in their relationship with public administration. The author provides the notion of administrative justice as a system of authorized judicial and quasi-judicial bodies to resolve and consider administrative disputes by a specially established procedure regarding the legality of decisions, actions, or inactions of public authorities that violate the rights, freedoms, and interests of private individuals in the field of public law relations. The article provides information on different approaches to the classification of models of administrative justice. The study focuses on two main systems: the continental model, typical to the countries like France and Germany, as well as the Anglo-Saxon model, found in the UK and the USA. Every European model of administrative justice has its own historical background, legal traditions, and legislative norms. The author outlines the pros and cons of each model in their purpose, protecting individuals' rights and freedoms against unlawful decisions, actions, or inactions by public administration. Keywords: administrative justice, European models, rights and freedoms, public administration, tribunals, administrative courts

Reform of the Preliminary Ruling Procedure in the EU Court System

In 2022, the Court of Justice of the European Union announced a new stage of reform of its system. In the face of an increase in the number of cases under consideration it is designed to maintain a professional and thorough approach to disputes resolution while reducing the time of legal proceedings. The changes are based on the new competence of the General Court to deal with requests under preliminary ruling procedure and certain other categories of disputes, as well as obtaining more freedom in matters of internal organization and the establishment of a permanent position of Advocate General. Taking into account the scientific and educational literature already published in Russia on the basics of the Court of Justice of the EU, the authors focused their attention on current issues and prospects for the development of the EU judicial system. The purpose of the article is a doctrinal study of the reasons that led to this reform, an analysis of the final text of the agreed draft regulation, as well as an overview of the measures that were implemented by the European Court of Justice at earlier stages and the reasons why they were insufficient. The authors consider new categories of cases, procedural guarantees to maintain uniformity of judicial practice and the stages of discussion of the draft regulation, which took place in 2023 in the EU institutions responsible for the adoption of the new legislation.

Perspektif Hukum Islam, Hukum Positif dan Mahasiswa Progam Studi PAI UIN Malang tentang Ganti Kelamin

This study examines perspectives on gender transition from three viewpoints: students of the Islamic Education Program (PAI) at UIN Maulana Malik Ibrahim Malang, Indonesian positive law, and Islamic law. Using a qualitative narrative approach, interviews with ten PAI students revealed that the majority adhere to Islamic teachings, considering gender identity as a divine destiny that should not be altered, except in certain medical conditions. In Indonesian positive law, the process of gender transition is recognized through the court system with medical evidence. Meanwhile, in Islamic law, gender transition is generally rejected, except in cases of intersex. The Fatwa of the Indonesian Ulema Council (MUI) states that gender transition for individuals with a clear gender is haram but permissible in certain medical cases. This study concludes that the issue of gender transition is a complex debate involving religious, social, and legal aspects.

REGIONAL PECULIARITIES OF THE INSTITUTE OF JURORS IMPLEMENTATION ACCORDING TO THE JUDICIAL REFORM OF 1864 (ON THE EXAMPLE OF RIGHT-BANK UKRAINE)

The aim of the study is to investigate the mechanisms of the implementation of the institute of jurors and their peculiarities on the territory of Right-Bank Ukraine under the judicial reform of 1864. The research methodology is based on the following principles of historical research such as historicism, scientificity, objectivity, and a social approach. This paper applies a historical-comparative (to determine the differences in the judicial reform implementation on the Right-Bank Ukraine) and historical-systemic (to investigate the peculiarities of the process of implementing the institute of jurors) methods to achieve the goal. The scientific novelty lies in clarifying the influence of ethnic and political factors on the implementation of the institute of jurors under the judicial reform of 1864 at the regional level. Conclusions. The judicial reform of 1864 fundamentally changed the old, imperial court system and contributed to the implementation of some European principles. An important innovation was the institute of jurors, which was supposed to ensure the equality of all citizens before the law, independence from local administration, etc. However, the ethnic and political factors shaping the development of Right-Bank Ukraine made adjustments to the pace and methods of implementing the judicial reform. The peculiarities of the institute of jurors’ implementation were primarily dictated by distrust of the Polish and Jewish population. As a result, conditions were created and restrictions were applied, aimed at avoiding the formation of a majority in the court of jurors by representatives of ethnic minorities who were disloyal to the authorities. Thus, in practice, the implementation of the judicial reform was not carried out evenly and in full. One of the main principles of juror election remained inaccessible to the population in the region; the judiciary continued to depend on the local administration, and a significant part of the population of Right-Bank Ukraine was deprived of the right to participate in the justice system as jurors.

Sulh (Resolution) of Family Dispute and its Application in The Shariah Courts of Malaysia

The resolution of family disputes through Sulh in Malaysia's Shariah courts represents a pivotal area of research that promotes peaceful conflict resolution, preserves familial bonds, and aligns with Islamic teachings and legal principles. This study examines the effectiveness of Sulh as an alternative dispute resolution (ADR) mechanism, emphasizing its capacity to address family conflicts in a culturally sensitive manner. By analyzing data from the Shariah Judiciary Department of Malaysia, which reported a considerable number of successfully resolved Sulh cases in 2021, the research underscores its role in expediting resolutions and alleviating case backlogs in Shariah courts. While Sulh demonstrates notable successes, public confidence in it remains limited compared to traditional litigation methods. The study seeks to identify factors contributing to the success of Sulh, proposing strategies to enhance its accessibility, transparency, and fairness. By offering actionable insights for policymakers, legal practitioners, and court administrators, this research aims to strengthen the Shariah court system's capacity to deliver justice efficiently, foster amicable agreements, and reduce the burden of extended litigation. Furthermore, the findings provide a foundation for legislative and legal reforms, including the development of comprehensive laws, guidelines, and training programs tailored to Sulh procedures. Ultimately, this research aspires to elevate public awareness and acceptance of Sulh as an effective ADR mechanism within the Islamic legal framework, promoting its broader adoption and understanding among Malaysians.

The Role of Administrative Judiciary in Confronting Electronic Corruption: A Study in Comparative Legislation for Sustainable Development Goals

Objective: The purpose of the article is to determine what role administrative proceedings play in combating electronic corruption for sustainable development goals. Theoretical Framework: By strengthening legal provisions, investing in technology and expertise, ensuring judicial independence, and fostering international collaboration, countries can enhance the effectiveness of their administrative judiciaries. Method: The research methodology involves the application of the TOPSIS method. To evaluate and rank the administrative judicial systems of Jordan, Egypt, and Turkey based on their effectiveness in confronting electronic corruption using the TOPSIS method. Results and Discussion: The results of modelling and evaluation are presented. The TOPSIS method provides a quantitative approach to evaluate the effectiveness of administrative judicial systems in confronting electronic corruption. By analyzing multiple criteria, policymakers can identify strengths and weaknesses within their systems and implement targeted reforms. Research Implications: These insights not only validate the study's findings but also provide a comprehensive understanding of the multifaceted strategies required to enhance the effectiveness of administrative judiciary systems in the digital age. Originality/Value: Need to note that electronic corruption is evolving rapidly; continuous updates to laws and practices are necessary. The analysis does not account for all socio-political nuances that may affect the judicial systems.

The Protection of Labor Rights on the Court System

Protection of labor rights is critical to ensuring fairness and justice in the workplace. When employees' rights are violated, they can pursue legal redress through the justice system. However, realizing equitable outcomes is frequently impeded by obstacles in accessibility and enforcement. This research analyzes how the justice system can safeguard and enforce labor rights. This research uses normative legal research that employs comparative, legislative, and conceptual methodologies. The research results show that First, Indonesia has labor laws in place. However, the current regulations continue to encounter numerous challenges, including the lengthy and intricate judicial system mechanism and the discrepancy between theoretical regulations and practical implementation. Consequently, expediting the litigation mechanism and reforming the current regulations to protect labor rights is imperative. Second, Indonesia's labor regulations are deemed to be more responsive to the dynamics of contemporary industrial relations than those of Uzbekistan. Uzbekistan must guarantee the protection of workers' and employers' rights, simplify the litigation process, strengthen the competence of judges, and harmonize and reconstruct labor regulations with civil procedural law. Third, it is recommended that Uzbekistan establish a special industrial relations court, revise the rules on evidence and dispute resolution procedures, and enhance the competence of justices through specialized training. This reconstruction will establish a more equitable, efficient, and pertinent system to the current state of employment.

Міжнародний досвід як джерело для вдосконалення процедури примирення сторін в адміністративному судочинстві України

Abstract. The procedure of party reconciliation is an important element of administrative proceedings that facilitates effective and prompt resolution of disputes between citizens and government authorities. In the current context of Ukraine, there is a pressing need to improve this procedure to enhance the effectiveness of administrative justice, reduce the burden on the judicial system, and ensure adequate protection of citizens' rights and freedoms. In this regard, studying international experience appears as a valuable source of useful practices and tools for reforming existing approaches. This article examines the primary models of party reconciliation in administrative proceedings across different countries, particularly those in the European Union, the United States, and Canada. Special attention is given to alternative dispute resolution methods, such as mediation and negotiation, which are widely utilized in these jurisdictions. It is demonstrated that these mechanisms contribute to reducing time and resource expenditures, increasing parties' satisfaction with the outcomes of conflict resolution, and lowering the level of confrontation among process participants. Based on an analysis of international experience, the author proposes recommendations for improving the procedure of reconciliation in Ukraine's administrative proceedings. Among the suggested measures are the implementation of mandatory mediation at certain stages of court proceedings, the establishment of an institute of independent mediators within the courts, the enhancement of the legal culture of process participants, and the development of new legal norms to promote voluntary dispute resolution. The proposed changes would contribute to a more effective functioning of Ukraine's judicial system and ensure better access to justice for citizens, representing an important step in the reform of the country's legal system towards European standards. The application of international experience will also enable the introduction of new approaches to the training of judges and other participants in the reconciliation process, thereby enhancing their professional competence and ability to effectively apply mediation procedures. Furthermore, the adaptation of such practices will help create more transparent and predictable dispute resolution processes, fostering greater public trust in the judicial system. The successful implementation of these changes will be a step towards harmonizing national legislation with European standards, ensuring greater effectiveness and fairness in administrative proceedings in Ukraine. Keywords: reconciliation of parties; administrative proceedings; alternative dispute resolution; mediation; reconciliation of parties in administrative proceedings of foreign countries; the powers of the subjects of power in relation to reconciliation.

Кримінальний процес як провідна галузь права у співвідношенні з міжнародними правовими системами ЄС та США

Abstract. Criminal procedure is one of the leading branches of law that plays a crucial role in maintaining law and order, justice, and human rights. In the context of globalization and the integration of international legal systems, particularly those of the European Union (EU) and the United States of America (USA), criminal procedure takes on special significance. Comparing the criminal procedures of Ukraine, the EU, and the USA allows for the identification of common features, differences, and best practices that can be adapted to enhance the effectiveness of national justice systems. The primary areas of comparison between Ukraine's criminal procedure and the international legal systems of the EU and the USA include issues related to human rights protection, transparency of judicial processes, equality of parties, and access to justice. Studying the approaches of these legal systems helps to determine how international standards can be implemented at the national level to improve legal protection for citizens. The EU is characterized by a high level of integration in criminal legislation among member states, which ensures uniform legal approaches and streamlined procedures within the Union. An important aspect of the European criminal procedure is the emphasis on protecting human rights and freedoms, notably through the European Convention on Human Rights. In the USA, criminal procedure is marked by a complex structure due to the federal system, where each state has its own judicial system. However, a key principle remains adherence to the US Constitution and the rulings of the Supreme Court. Particular attention is given to procedural guarantees for the accused, including the right to a fair trial, which is a fundamental principle of the American legal system. Analyzing the relationship between the criminal procedures of Ukraine, the EU, and the USA provides a deeper understanding of legal mechanisms and helps develop recommendations for adapting successful institutions and practices to Ukrainian legislation. Keywords: criminal procedure; international law; European Union; USA; human rights; legal system; judicial system; justice; comparative law; legal standard.

Доступність як фактор участі громадськості у судочинстві

Abstract. Abstract: Court accessibility, as an element of the rule of law, plays a significant role in ensuring citizens' right to a fair trial. In modern conditions, it is necessary to analyze the main barriers that may limit public participation in the judiciary. It is argued that removing such barriers can encourage more active recourse to the courts for the protection of legitimate rights and interests, as well as increase public involvement in the judicial process, both through direct participation in court proceedings and through public oversight mechanisms. The creation of proper preconditions for the administration of justice is of exceptional importance in the establishment and development of modern democracies. It is crucial to build a court system that is effective and accessible to everyone who, by their own will (plaintiff, media representative) or by legal requirement (defendant, witness, expert), becomes a participant in the judicial process. Access to justice is an important guarantee of the law's effectiveness within the state. It is a significant step toward ensuring the inevitability of legal responsibility and the restoration of justice. At the same time, it is one of the conditions for the establishment of civil society, where every citizen is aware of themselves as a subject of law, capable of using the state's legal protection in cases prescribed by law. The accessibility of justice is an essential attribute of a rule-of-law state. At the same time, ensuring free access to justice is a global issue, as it exists in many countries around the world. We define fair, impartial, and accessible justice as one of the fundamental conditions for the democratic development of the Ukrainian state on its path to European integration. In studying the phenomenon of justice accessibility, we assess specific threats and challenges faced by Ukraine and the world in recent years. In our work, we present our own vision of vectors for the terminological development of certain legal concepts that are related to the realization of the individual's right to judicial protection, as established in the Constitution of Ukraine. Keywords: judiciary; public participation; right to judicial protection; access to justice; participation in the judicial process; judicial reform; democracy; European integration.

Digital transformation in the judicial system: difficulties and prospects

The article examines the impact of digital transformation on modern litigation. In the context of the rapid development of information technologies and their introduction into various spheres of society, the judicial system is under pressure to adapt to new realities. The article analyzes the challenges that courts face in implementing digital technologies, such as ensuring data security, maintaining transparency and accessibility of justice, as well as problems associated with digital inequality. At the same time, the potential prospects opened by digital transformation are being considered, including improving the efficiency of trials, improving the availability of justice for citizens and the possibility of developing innovative management methods and resolving legal issues. The article calls for a deeper study and discussion of this topic in order to develop effective strategies for the digital development of judicial systems.

Digitization of the court as a way to introduce remote operation of general jurisdiction courts under martial law

This article is devoted to defining the concept of remote work of the court under martial law, determining the possibility of ensuring it by carrying out complete digitalization of the work of the court, in the field of administration of justice, ensuring the document flow of the court, creating an electronic archive of the court, which will allow us to move away from paper processes and ensure compact storage of information contained in court cases, personnel and service documentation. The article reveals one of the main conditions for ensuring the transition to a digital format of the court’s work - ensuring the security of received data from unauthorized access, including establishing responsibility for such actions at the legislative level.Under martial law, the issue of digitalization of the court has become the most pressing. Participants in proceedings actively use the “Electronic Court” subsystem to submit procedural documentation and obtain appropriate decisions, for which electronic offices are being created, and court hearings, in particular in front-line regions, are successfully held via video conference. To ensure the work of the court, in particular courts of general jurisdiction, under martial law, some courts in the front-line regions are introducing remote work. As an organization of an enterprise operation, this form of work is regulated by Art. 60-2 of the Labor Code of Ukraine, however, in the Law of Ukraine “On the Judicial System and Status of Judges” this was not reflected, nor was the activity of courts in general under martial law. The procedural codes, in turn, also did not undergo changes in terms of determining the place of administration of justice under martial law. And it is precisely in the conditions of a “legal vacuum”, when, on the one hand, the possibility of remote work of the court is provided for and not prohibited by law, the long period of use of such work by the courts of front-line regions (2.5 years),with high performance indicators, a minimum number of complaints also indicates the effectiveness of such an organization of the court’s work, the legislator has not fixed this completely, the corresponding legal initiatives have been put on pause. However, as practice shows, the possibility of remote work of the court depends entirely on its digitalization, and the digitalization of the court receives a significant impetus for development precisely thanks to the organization of the court’s work. And here it would not be superfluous to talk about the relevance of digitalization of the court not only in wartime, but also in peacetime, since in this case it will only benefit both the judges and the court apparatus (will speed up, facilitate work, prevent the loss of proceedings, applications, provide the opportunity to quickly find them and ensure reliable and compact storage), but also for citizens (will improve access to court, save time and money for appearing at court hearings, sending and receiving procedural documents.) In addition, the digitalization of the court, although it will require significant investments in software, providing the court with high-quality equipment as tools for digitalization, training of relevant specialists, as well as the court employees themselves, as they say the managers of these services, will, however, provide an opportunity to save on storage costs in the future paperwork (specially equipped premises with a large area are not required), and in general, resources for the formation of paper production).

HONORÁRIOS SUCUMBENCIAIS NO DIREITO DO TRABALHO: ANÁLISE DA DECISÃO DA ADI 5.766

This article addresses the decision of the Federal Supreme Court (STF) in Direct Action of Unconstitutionality (ADI) 5766, which declared the unconstitutionality of provisions in the Labor Reform related to the payment of court costs and expert and attorney fees by workers who are beneficiaries of free legal aid. The main objective is to analyze the impacts of this decision on access to justice and the implications it brings for the judicial system and labor relations. The methodology adopted was bibliographic in nature, focusing on the analysis of doctrinal works, academic articles, and judicial decisions. The research was guided by a central question: What are the impacts of the ADI 5766 decision regarding the exemption from costs and fees on access to justice for economically disadvantaged workers? In the theoretical framework, topics such as free legal aid, the constitutional right to access to justice, expert and attorney fees in labor law, and the changes brought by the 2017 Labor Reform were discussed. The STF's decision was analyzed in light of these concepts to understand its relevance for the effectiveness of labor rights and the possible consequences for the judicial system and the labor market. The conclusion emphasizes that the STF's decision represents a significant advance in protecting access to justice for workers in vulnerable situations by guaranteeing the exemption from procedural costs for those who lack financial means. The research concludes that the STF’s decision seeks to balance the right to free legal aid with the preservation of the integrity of the labor process, with impacts that must be monitored for workers, employers, and the judiciary.

Mediation in Healthcare: Enhancing Conflict Resolution Between Patients and Physicians Beyond the Courtroom.

Healthcare is defined by rapidly advancing technologies and increased patient expectations, resulting in frequent disagreements between patients, their families, and medical practitioners. Historically, these conflicts have been settled through the adversarial court system, which frequently fails to produce equitable results due to unequal legal representation, procedural difficulties, and other shortcomings. This analysis investigates mediation, a type of Alternative Dispute Resolution (ADR), as a viable option for addressing healthcare disputes. Mediation is a voluntary, flexible, and confidential process in which a neutral third party organizes negotiations to help conflicting parties reach an agreement. Unlike litigation, mediation promotes open communication, empathy, and the preservation of relationships, which enhances patient trust and satisfaction. Furthermore, mediation resolves disputes more quickly and cost-effectively than traditional court proceedings, significantly reducing the emotional and financial burdens on all parties involved. This review examines the benefits of mediation, focusing on its role in preserving physician-patient relationships, reducing legal costs, and improving overall healthcare outcomes. The use of mediation in healthcare conflict resolution provides a more effective, compassionate, and lasting resolution that benefits healthcare institutions, practitioners, and patients.

The Shadow Sector of Bulgarian Economy: Assessments and Perceptions of Business Representatives

The aim of the study is to identify the key problem areas that define the boundaries of the “shadow economy” in Bulgaria using data from a questionnaire survey conducted at the end of 2023 among 335 business representatives in Bulgaria. A range of sectors like construction, hotels, restaurants and tourism significantly contribute to the country’s economy but are characterized by unregulated practices – e.g. failure to issue invoices or receipts, employing workers under contracts with “hidden clauses”, underreporting revenues or profits to evade taxes – according to the assessment of survey participants. The analysis shows a significant concentration of these practices in micro and small enterprises, which are less regulated. In contrast to expectations, large enterprises with over 250 employees maintain a low share of the “shadow economy”, likely due to stricter regulations and control. According to the business community, the key measures that need to be rigorously enforced include limiting corruption, increasing the efficiency of the judicial system, introducing more effective business incentives, improving the quality of administrative procedures, and reducing the influence of organized crime. This is essential for creating a more transparent and competitive economic environment in Bulgaria, benefiting both small and large businesses.

Law and Lawlessness in Yorubá Society - A Critical Analysis of Ààrẹ Àgò Aríkúyẹrí and Adákẹ́dájọ́

This essay is centered on the comparative analysis of the justice system in traditional and modern Yorùbá society vis-à-vis equality of rule to law to all and sundry. This paper aims to analyze the effects of an upright as well as a corrupt judicial system on society. The theory adopted for this work is the sociological theory of literature. The model adopted under this theory is the mirror image approach. Proponents of this model believe there is a cordial relationship between literature and society because literature mirrors society. We employ an auto-telic textual analysis approach in our analysis of the two play texts, which are Ààrẹ Àgò Aríkúyẹrí and Adákẹ́dájọ́. Our findings in this work show that equality of all and sundry in justice dispensation will bring about peace, tranquility, and development in society why inequality as well as lack of equity, justice, and fairness as seen in the two texts breed lawlessness, anarchy and resort to self-help by those deprived of justice which will, in turn, brings about loss of life and properties as we are witnessing in Nigeria today. Based on our findings in this work, we believe that the solution to this problem is to follow the rule of law which should be above everybody, and to inculcate moral discipline (ìwà ọmọlúàbí) which is the watchword of the traditional Yoruba society in children through both formal and informal education by teachers, parents, and guardians.

Analisis Yuridis terhadap Sengketa Putusan MK Nomor 90/PUU-XXI/2023 tentang Uji Materi terhadap Pasal 169 Huruf q Undang – Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum

The Constitutional Court is a judicial institution in Indonesia which was established on August 13, 2003. The Constitutional Court has the authority regulated in article 24C of the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court which was later updated to Law Number 8 of 2011. The Constitutional Court has a principle in making a decision on the material test of the law against the Constitution, which applies to everyone, final, independent and impartial. The Constitutional Court's (MK) decision regarding the age limit for presidential and vice presidential candidates (presidential and vice presidential candidates) in Case Number 90/PUU-XXI/2023 continues to reap pros and cons. In the decision, the Constitutional Court granted part of the application that tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This study aims to identify and analyze disputes over the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the material test of article 169 letter q of Law number 7 of 2017 concerning general elections in terms of juridical aspects. The research method used is a literature study of the Constitutional Court decision Number 90/PUU-XXI/2023 with a focus on normative legal analysis. The results of the study show that the Constitutional Court's decision Number 90/PUU-XXI/2023 is formally inconsistent with Law Number 49 of 2009 concerning Judicial Power and Constitutional Court Regulation No. 2/PMK/2021.

Women’s representation in higher leadership positions in Ethiopia in the last three decades since 1991

Gender equality in decision-making positions is crucial to achieving the goals of good governance, peace, democracy, and inclusive/sustainable development. The major aim of this research article is to investigate the representation trend of women in higher decision-making positions over the last thirty years, since 1991. The federal three organs of government (law formulating, law enforcing, and law interpreting bodies) were the focus of this research. This research is a mixed type of research that inculcates both qualitative and quantitative data types. Secondary data sources from relevant government institutions were mostly used. The data was analyzed through content analysis of documents and presented via descriptive data presenting techniques. The research findings reveal that although women’s representation in positions of decision-making has advanced considerably in recent years, the empirical data throughout the previous thirty years demonstrated the underrepresentation of women in higher leadership positions within the Ethiopian federal government. Furthermore, Women never held certain higher-level government leadership positions, such as the Prime Minister position, which seems to be forbidden for women. Women made up 23%, 19%, 19%, and 24% of the House of Peoples Representatives (HPR), the House of Federation (HoF), ministerial posts, and judicial bodies, respectively over the last three decades. Women are visibly underrepresented in the executive positions as compared to others. Thus, substantial policy and practical initiatives are needed to remove institutional, social, and economic barriers to boost women’s advanced visibility in senior leadership roles.

ENFORCEMENT OF STATE FEES IN ECONOMIC COURTS: A COMPARATIVE LEGAL ANALYSIS

Objective: Evaluate the state duty system in economic courts in Uzbekistan, with a focus on its impact on the affordability and accessibility of legal services. The study explores the financial barriers that individuals and businesses, particularly small and medium-sized enterprises (SMEs), face when navigating economic disputes in the judicial system. Method: The study employs a comparative-legal approach, utilizing logical, empirical, and specific scientific methods tailored to legal studies. It involves analyzing existing legal frameworks through comparison with practices in neighboring countries, such as Russia and Kazakhstan, using both qualitative and quantitative analysis to understand the differences in state duty structures and enforcement mechanisms. Results: The current state duty system in Uzbekistan is significantly higher than in neighboring countries, creating financial burdens for SMEs and individuals. The research reveals that while economic courts are essential for ensuring justice, the high state fees, coupled with a lack of flexibility in fee structures, make access to justice more difficult, particularly for smaller businesses. The study suggests potential reforms, such as introducing caps on state fees and adopting more flexible fee structures similar to those in Russia and Kazakhstan, which could improve accessibility and fairness. Novelty: This research offers a unique contribution by comparing Uzbekistan’s economic court fee structure with those of neighboring countries, providing insights into the potential benefits of adopting foreign legal practices to enhance judicial accessibility. Additionally, it presents practical recommendations for reforming the state duty system, a topic that has been relatively underexplored in the context of post-Soviet legal systems.