Judicial Function Research Articles

Special Collegium Activities on Certain Categories of Cases (1934–1938)

Special collegiums operated in 1934–1938 as part of the Supreme Court of the USSR, the supreme courts of the Union republics, regional and regional courts, and the main courts of the autonomous republics. Their creation can be considered as an experiment in transferring cases of state crimes from non-curial to judicial authorities. The special collegiums activities were provided by the NKVD, special departments of the prosecutor’s office and the sector of special courts of the People’s Commissariat of Justice of the USSR. Their personnel consisted of former NKVD officers and nominees of local justice authorities. All this makes it possible to characterize them as bodies of special justice. The most notable cases considered by special collegiums were cases of anti-Soviet agitation (Article 58–10 of the Criminal Code of the Russian Federation), cases under the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR dated August 07, 1932 («The Law on Three Spikelets») and cases of banditry (Article 59-3 of the Criminal Code of the Russian Federation). All of them were considered within the framework of the campaign justice model. It was characterized by an expansion and narrowing of the interpretation of the norms of substantive law. This allowed ordinary crimes and administrative offenses to be considered as state crimes. The penalties were regulated. This led to unstable judicial practice. The methods of «simplification», i.e., deviations from the norms of substantive and procedural law, were actively used. Obviously, by the middle of 1938, the experiment of depriving non-judicial bodies of judicial functions was considered unsuccessful and the special collegiums were liquidated.

FACILITATION OF THE JUDICIARY IN THE REPUBLIC OF NORTH MACEDONIA BY APPLYING THE NOTARY SERVICE

With the independence of the Republic of North Macedonia in 1991, the need was felt for the legal circulation of goods and services. In order to facilitate legal transactions due to their multiplicity, in 1996, for the first time, we brought the corresponding law for notaries. They operate within various branches based on law. The public power was entrusted to him from November I of 1997, and in 1998 we had the first notaries. One of the reasons for introducing notaries is to make the courts easier. This process of non-judgment in European countries is not recent. As early as September 16, 1986, the Committee of Ministers of the Council of Europe adopted the Recommendation on measures to prevent and reduce court overcrowding in order to relieve the courts of cases that do not fall within the typical judicial function. The transfer of some powers from the courts to bodies outside the judicial system for non-contentious matters is an effective means of their relief. The legal basis for the action of notaries as court commissioners is found in the Law on Notaries, which provides that the court may entrust the notary with duties defined by special laws.

입법과 사법의 경계: 법률해석의 한계

What is the relationship between legislation and adjudication? Traditionally, it is believed that judges should simply apply the law to specific facts and render judgments accordingly. Montesquieu encapsulated this view by describing judges as "the mouthpieces of the law." In contrast, the Free Law Movement posits that judges are not strictly bound by the text of the law and have the freedom to discover or even create law as needed. Between these two extremes, there exists a range of perspectives on the relationship between legislative and judicial powers. This relationship is crucial because it defines the limits of legal interpretation, making it a central issue in judicial decision-making. This paper begins by exploring the objectives and methods of legal interpretation. It then examines how the Supreme Court of Korea, particularly through its en banc decisions, navigates the relationship between legislation and judicial precedent, or between legislative theory and interpretive theory. The Supreme Court cases discussed in this paper — covering topics such as the gender correction for transgender individuals, parental status of children born through artificial insemination, nominee trusts and unconscionable legal transactions, special limited approval for minor heirs, and judicial reduction of penalty clauses — all address challenging issues that sit at the intersection of legislation and adjudication. The judiciary is vested with the authority to interpret the law, determine its meaning, define its scope, and apply it to specific cases. However, this authority is not without limits. Judges must interpret laws in a manner that respects the legislative power to create laws and must avoid distorting, altering, or replacing the legislator' s decision that can be ascertained from relevant statutory text. This approach is consistent with the constitutional principles of separation of powers and the rule of law, which delineate the distinct roles of the legislative and judicial branches. A legislator's legislative decision cannot be overturned by a judge's judicial decision. Judges must also fulfill their constitutional duty to adjudicate independently according to their conscience (Article 103 of the Constitution of Republic of Korea). It is the judge's role to ascertain the just meaning of the law, grounded in the Constitution and statutes, and to apply it to individual cases. When interpreting and applying laws, judges must confront the critical question of whether to prioritize the intent of the legislature, adhere strictly to the text of the law, or pursue the broader objectives of the law. This question forms both the starting and ending points of legal interpretation and influences views on the boundary between legislative and judicial functions. Whether there has been a legislative decision is a question of the boundaries of statutory interpretation. Legislative solutions, within the constitutional framework, offer the advantage of providing comprehensive resolutions and selecting the best option among various alternatives. However, it is not always possible or appropriate to defer to legislative solutions. The judiciary must, therefore, seek the optimal resolution within the boundaries established by the Constitution and statutes, guided by judicial conscience.

Autonomous and sectoral perception of the concept of "justice" and its relation to judicial control

The present study delves into the complex interrelationship between the notions of "justice" and "judicial control," examining their independent and sectoral meanings both inside and outside of the Armenian legal system. Despite the fact that the terms are frequently used synonymously, this study aims to define their specific functions, especially with relation to administrative and constitutional law. The research endeavors to redefine the extent of judicial control by means of a critical analysis of Armenian constitutional provisions and a wider framework of international legal perspectives. It presents judicial control as a crucial, yet independent, function of justice. It looks at how the idea of judicial control has changed over time and the various interpretations it has received in various legal systems, drawing on historical examples. The paper examines the typologies of judicial tasks using a combination of theoretical and comparative legal techniques, highlighting important differences between jurisdictional and non-jurisdictional judicial operations. The argument for the constitutional concept of justice's wider application than just settling legal disputes receives a lot of attention. The study shows that judicial control should be seen as a fundamental component of justice and essential to maintaining the rule of law, rather than as a secondary or auxiliary role, by looking at justice from a synoptic perspective. The article ends with helpful suggestions for improving judicial functions. It suggests that future legal changes should consider how justice is changing and how closely it is linked to judicial control in both the international and Armenian legal systems.

THE LEGAL CONCERNS OF THE SETTLEMENT DISPUTES BY THE COUNCIL ON THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

Background: The International Civil Aviation Organization (ICAO) is a “Club” of sovereign States. ICAO is a specialised United Nations agency (UN) with 193 Member States. If a dispute between these States and the diplomatic channels does not find a mutual solution, disagreement arises; however, the ICAO Council has an essential function in settling disputes. This settlement procedure is structured under the Chicago Convention (1944), the Rules for the Settlement of Differences (1957) and the Rules of Procedure for the Council (1969). However, Member States do not welcome these provisions, demonstrated by the scarcity of dispute settlement procedures before the ICAO Council in the last 80 years. This article introduces these legal disputes and looks for justifications based on the nature of the cases. The Council is a unique permanent body within ICAO. Although ICAO in the former century became rather a political (diplomatic) body upon its foundation, that is why the absence of successfully concluded dispute resolutions is a legal viewpoint that is more than interesting. This research paper reveals examples of the lack of effectiveness of the ICAO Council’s dispute settlement, focusing on the nature of the State’s interests and the outcomes of the procedure, furthermore, the role in these disputes in front of the International Court of Justice (ICJ) or arbitration. Methods: This article focuses on understanding and analysing the historical context, international cooperation and diplomacy, and the regulatory landscape of dispute resolutions and settlements. The search was based on databases, academic journals, and official publications from aviation authorities and organisations such as ICAO. The research utilised qualitative and quantitative methods based on empirical observations and examinations (document analysis and case studies). Results and conclusions: The ICAO Council has rule-making, judicial and administrative functions. It is a quasi-judicial body, and its President has the authority to settle disputes among the contracting States. However, if we look at the history, in the last 80 years, only 10 cases were handled by the ICAO Council. The main reason for the lack of ICAO Council dispute settlement decisions is the growing diplomatic (political) function of the ICAO Council. Aviation is a crucial commercial activity for every State, meaning the aviation industry is determined by political interests and decisions. Such political interests and subtle international relations often prevent States from submitting themselves to binding legal procedures. Another reason for fewer disputes before the ICAO Council is the need for more provisions and rules to support transparent and legally binding decisions. The current rules are neither appropriate nor comprehensive enough and cannot be executed in the same manner as court decisions. In addition, the ICAO Council’s decision can be appealed to non-ICAO bodies such as the International Court of Justice. Therefore, it is highly recommended that the whole processual mechanism be revised or that a new, dedicated judicial body with clear legal status, jurisdiction, and competence for dispute resolutions be created.

Functional component of the criminal procedural status of the Prosecutor's Office Head

The article examines the functions of the Head of the Prosecutor’s Office in criminal proceedings as an integral part of his/her criminal procedural status. The existing approaches to understanding the concept of “criminal procedural status” and its analogues are identified. It is noted that the function of the head of a pre-trial investigation body differs from the function of a prosecutor - procedural supervisor (at the pre-trial investigation stage) and a prosecutor supporting the public prosecution (at the trial stages of criminal proceedings). The above is determined by the prosecutor's powers which are determined by the criminal procedure law. The expediency of distinguishing four functions of the Head of the Prosecutor’s Office in criminal proceedings is emphasized: procedural guidance, public prosecution, organisational and managerial function and quasi-judicial control function. Based on the analysis of the Criminal Procedure Code of Ukraine provisions which vest the head of a prosecution body with procedural powers, the article establishes that some of these functions are exercised by the head of a prosecution body depending on his/her specific position (Prosecutor General, head of a regional prosecution office, etc.). It is also established that the approaches to determining the criminal procedural status of participants to criminal proceedings (subjects of criminal proceedings) available in the current scientific literature through the use of the terms “legal status” and “procedural status” are inaccurate, although not entirely wrong. Their use significantly expands the content of this category, which is illogical. The functions of the Head of the Prosecutor’s Office in criminal proceedings constitute the core, or basis, for determining his/her criminal procedural status in general, due to the close connection of this category with his/her powers (rights and obligations) in criminal proceedings, which opens up the possibility of studying other components of his/her status. It is also worth mentioning that under martial law, in certain circumstances, the Head of the Prosecutor’s Office may also perform the supervisory function of the court. These powers are unique and inherent only to the Head of the Prosecutor’s Office in criminal proceedings. Thus, the Head of the Prosecutor’s Office replaces the powers of the investigating judge to exercise the judicial control function, which indicates the quasi-judicial nature of such a function.

Establishment and Organization of Public Administration in Bosnia and Herzegovina during the Austrian-Hungarian rule (1878-1918)

The subject of this paper is the analysis of the process of establishment and organization of public administration during the Austro-Hungarian rule. At the Berlin Congress in 1878, Austria-Hungary was given a mandate by the great powers, with the consent of the Ottoman Empire, to occupy Bosnia and Herzegovina. The occupation brought about various social, military, political, and legal issues that needed to be resolved. In fact, these issues that arose represented the classical domains of state administration, such as the army, police, foreign affairs, justice, and finance. The new authority, represented by the Joint Ministry of Finance, maintained the existing administrative-territorial structure with certain necessary adjustments. Operationally, these tasks were handled by the Bosnian Office, which was superior to the Provincial Government of Bosnia and Herzegovina. The administrative-territorial organization was defined by the decree of the Provincial Government of Bosnia and Herzegovina in 1882, which prescribed that all administrative tasks be carried out in district offices with broad and diverse jurisdiction. It is important to note that the inhabitants of Bosnia and Herzegovina, within the Austro-Hungarian monarchy, had territorial affiliation instead of citizenship, which represented a special legal relationship between individuals and the state. The state administration functioned based on a hierarchical principle of subordination and responsibility, where lower organs were subordinate to higher ones. All general acts of the Provincial Government were previously submitted to the Joint Minister of Finance for approval and only came into force after obtaining such approval. The Provincial Government consisted of four departments: the political-administrative department, the financial department, the judicial department, and the civil department. The departments were headed by heads of departments. The challenges set by Austria-Hungary in the context of establishing a new administrative structure required a state administration with loyal and capable officials. A significant challenge in achieving this goal was the problem of the lack of suitable personnel, both due to the lack of professional qualifications and the departure of a significant number of educated individuals. Considering the demands of modern state administration, good education was required from officials, which, among other things, led to a significant number of officials in both central and local administrative structures being foreigners. They were mostly Austrians, Hungarians, Poles, Czechs, and Slovaks. Many of them stayed in Bosnia and Herzegovina for only a short period, but there were also those who permanently remained. The districts were divided into district offices led by district heads. A special characteristic of the administrative organization was that district offices, to a large extent during the Austro-Hungarian rule, also performed judicial functions. After the occupation, the Austro-Hungarian administration began establishing local self-government. Urban and rural municipalities were formed, and local people participated in their organs. Although municipalities were conceived as units of local self-government, analyzing their scope of authority, it can be determined that they mostly performed delegated tasks of the state administration with a very low degree of autonomy. The public administration operated on a hierarchical principle of subordination and responsibility, within which lower administrative organs were subordinate to higher ones. This paper aims to provide insight into the complexity of administrative organization and structure in Bosnia and Herzegovina during the Austro-Hungarian period. This is significant because during that period, the foundations of modern public administration in Bosnia and Herzegovina were established, encompassing not only state administration but also local self-government and public services.

Формирование профессиональной судейской корпорации в России (XVIII–XXI вв.)

The article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.

Darbas, nesustodavęs net Viešpaties dieną. Zigmanto I darbadieniai Lietuvos Didžiosios Kunigaikštystės teisme 1506–1544 metais

The selection of the judicial acts of Sigismund I preserved in the Lithuanian Metrica showed that when conducting investigations of the ruler’s employment at court, we must take into account the uneven nature of the documents. We can distinguish 4 types of judicial acts: judgments or sentences, ordinances (orders), pre-trial or post-trial documents and minutes (drafts). 3081 acts were selected for this study, only about half of which are recorded in court record books, and the rest in books of inscriptions. The most numerous types of acts are ordinances, which make up more than half of all the judicial acts (1629) of Sigismund I.Due to the breadth of the ruler’s judicial functions and their interweaving with other types of activities, the methodology of selecting and sorting judicial documents is not protected from the subjective decisions of the researcher. Therefore, the quantitative expressions achieved by the research must be understood as relative. However, they also allow us to see the dynamics of the ruler’s judicial activity: in the first half of the reign of Sigismund I (1506–1521), the ruler’s judicial activity was not active, but from 1522 it began to grow noticeably, reaching its apogee in 1533. Later, the activity steadily decreased.Judging by the ruler of Lithuania (probably not only Sigismund I) took place in two different phases: during the ruler’s residence in the Grand Duchy of Lithuania, when his judicial activity became more active, and in the Crown, when his activity weakened. Almost always, the most active time of the first phase coincided with the Seim of the Grand Duchy of Lithuania. However, during the penultimate visit, Sigismund I handled most of the cases outside the Seim time. The dynamics of judicial documents in general and judgments in particular (i.e. the resolution of cases) show that starting from 1523 he was increasingly active as a judge in the cases of residents of the Grand Duchy of Lithuania while he was in Poland. Despite the resulting protests and in 1542 the ruler’s promise not to judge “Lithuanian cases” in Poland, this practice continued even later, but it was not significant.The accounting of Sigismund I’s working days per year showed the chaotic nature of the activity of the ruler-judge. Quantitative analysis of judicial acts preserved in Lithuanian Metrics does not allow us to claim that the ruler’s agenda was overloaded with the obligation to judge. However, qualitative factors (judging on Sundays, during Holy Week and during Christmas) testify to the constant pressure exerted by the litigating authorities on the person of the ruler. This was the essence of the ruler’s burden of judging.

Formation of legal regulation of criminal proceedings in Ukraine under martial law

This article explores the preconditions and stages of the development of legal regulations for conducting criminal proceedings in Ukraine during a state of war. It emphasizes that the peculiarities of legal regulation in the early stages of the antiterrorist operation and before the onset of full-scale war are linked to the objective impossibility of fulfilling certain requirements guaranteeing individual rights and freedoms during procedural actions due to ongoing combat operations in specific territories. Simultaneously, the need to ensure the inevitability of punishment for guilty parties led to the introduction of special criminal proceedings regimes with limitations on certain rights and freedoms of participants. The article identifies an increase in the proportion of investigations conducted through special criminal proceedings procedures as a distinctive feature of investigating crimes committed during a state of war. This approach allows the national law enforcement and judicial systems to accomplish the task of ensuring the inevitability of criminal responsibility for individuals hiding from pre-trial investigation or court proceedings on the territory of Russia or temporarily occupied territories of Ukraine. In addressing representatives of the occupying state committing war crimes against Ukraine, the article proposes additional guarantees, especially for foreign citizens, regarding proper notification of such suspects/ accused about the date and time of procedural actions or court hearings. This aims to minimize grounds for appeals to the European Court of Human Rights due to Ukraine’s alleged violation of Article 6 of the Convention. In summary, with the introduction of a legal regime of martial law in Ukraine, the procedure for conducting criminal proceedings is designed to respond to challenges associated with armed conflict and the inability of the state to fully or partially perform law enforcement, legal protection, and judicial functions in specific territories of Ukraine. The implemented mechanism for conducting special criminal proceedings during a state of war requires further refinement to maximally guarantee the rights and freedoms of participants in criminal proceedings.

Судебная система Российской Федерации в свете конституционных поправок 2014 и 2020 годов: проблемы и пути их решения

The article analyzes the content of constitutional amendments in relation to the organization of the judiciary. Specific proposals are made to create several completely independent judicial systems with their own Higher (Supreme) courts, the problems of world justice are considered (and a change in the vector of its development is proposed), and the need for bodies with judicial functions below the level of world justice is justified — in sparsely populated territories of the country. In addition, a proposal is being put forward to create a federal judicial authority with state powers similar to those of the bicameral Federal Assembly — for the legislative branch, and the Government of the Russian Federation — for the executive branch.

Compulsory enforcement of the fee for the transformation of the perpetual usufruct right into ownership of real estate

In the Polish legal system, there are two ways of compulsory enforcement of obligations. It takes place either in administrative enforcement proceedings, which have no connection with the administration of justice, or in judicial enforcement proceedings, which are part of civil proceedings, ultimately determining the fulfilment by the courts of their respective judicial functions. Those proceedings are separate and independent of each other. Sometimes the obligation meets the conditions for administrative and judicial enforcement at the same time. Such an example is the fee for the transformation of perpetual usufruct into ownership. It has a civil law character, results from the operation of law or from an administrative decision, and a special provision does not specify the way of its enforcement. There is a convergence of criteria distinguishing between administrative and judicial enforcement.Currently, there is no doubt that the compulsory recovery of the transformation fee resulting from an administrative decision takes place in the mode of administrative enforcement, despite the civil law nature of this fee. Uncertainty arises as to the method of enforcement if the fee arises by operation of law. There are both sentences in favour of the admissibility of administrative enforcement and dissenting opinions favouring the admissibility of compulsory recovery of the fee in question by way of judicial enforcement.The aim of the article is to indicate the decisive criterion demarcating the path of administrative and judicial enforcement and to determine the method of enforcement of the fee for the transformation of the perpetual usufruct right into ownership. The work uses a formal-dogmatic method of work.

Judges and Social Networks

It is essential that the judicial function be public, discreet, and professional. Its legitimacy as a public authority is acquired through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges, to provide information about their activities, and ensure that their interaction strengthens the republic, generating proximity between the sovereign and the public power.

On Some Aspects of the Activity of the Ussr State Arbitration in 1946–1953

For the Soviet Union, which won the Great Patriotic War and made a decisive contribution to the victory of the Allies in World War II, the post-war period was marked by the urgent need for a forced recovery of the economy suffering seriously as a result of significant human losses, the destruction of industrial enterprises, disruption in logistics links, the interruption of trade relations between various subjects of socialist economy. The State Arbitration of the USSR as a body with judicial and administrative functions became one of the state mechanisms to carry out the restoration process in the post-war Soviet economy. In this historical period the resolution of disputes between economic entities, as well as control over the execution of decisions on these disputes pursued the goal to ensure the smooth functioning and interaction of Soviet enterprises and institutions. Through the use of narrative, historical-comparative, chronological and statistical methods of historical research the article, based on a wide range of historical literature and archival sources introduced into scientific circulation for the first time, reveals an attempt to analyze the activities of the USSR State Arbitration in the period from 1946 to 1953, since during this period the activities of the body were directly related to restoration of the post-war Soviet economy. In order to identify the main activities of the USSR State Arbitration in the post-war period related to the restoration of the post-war Soviet economy, the paper pays great attention to the statistical data contained in archival sources. Noting the role of the USSR State Arbitration in the system of state authorities, with the activities aimed at the accelerated resolution of the economic tasks set, the article also reveals the work made to improve the State Arbitration’s own effectiveness. The article describes the historical situation in which State Arbitration had to function and develop after the Great Patriotic War.

Разграничение полицейской, прокурорской и судебной функций в ходе предварительного расследования уголовного дела: общие положения

The article discusses doctrinal approaches to distinguishing police, prosecutorial and judicial functions in the pretrial stages of criminal proceedings. Each of these functions implies the implementation by public authorities of relevant powers. Depending on the nature of these powers, some of them can be delegated to other government bodies (primarily executive authorities — the police), delegation of other powers, on the contrary, is not permissible and leads to a distortion of the “system of checks and balances” in the pre-trial stages of criminal proceedings.

Democratic Governance and the Challenges of Leadership in Nigeria Under Buhari Administration

The output of democratic process depends on the nature, character and pattern of administrative leadership of the democratic leader piloting the affairs of the state. Since independence, Nigeria has witnessed different administrations or regimes with concomitant implications on democratic governance. Despite abundant human and natural resources in the country, the realization of the dividends of democracy are not being enjoyed by the citizens because of political leaders controlling state affairs. This study examines the challenges of Buhari's administration and its implication on democratic governance in Nigeria between 2015-2023. The study adopted descriptive and documentary research methods and relied majorly on secondary data and elite theory was adopted as the theoretical orientation of the study. The study revealed that the major challenges of leadership in Nigeria under the Buhari's administration are corruption, non-adherence to the rule of law and banditry related issues which serves as impediments to democratic governance in Nigeria. The study, however, recommends that the government should set up independent corrupt agencies with personalities who have integrity to run it, so that the issues of corruption will be ameliorated. Government should also allow the judiciary to independently carry out their judicial function without any political interference and further allow the law to take its course at every set time without violating the principle of rule of law as propounded by Albert Venn Dicey. Government should strategize effectively using the security apparatus of the state to create an enabling environment that is secure for all to stay and not having fear that the security of the populace is not guaranteed because of inability to stop the ongoing and lingering banditry issue of grave security concern to Nigeria and to the international community at large. The study concluded that there is need to have a strong agency comprising of individual that has integrity, the professionalism of conduct of lawyers and purging of the legal system who has compromise to subvert the justice system and strong strategic provision of effective security apparatus will help to mitigate this issues that has devoid the people to believe that they are not enjoying the benefit of democratic system.

СУДЕБНЫЙ КОНТРОЛЬ ЗА ОБЕСПЕЧЕНИЕМ ПРАВ И ЗАКОННЫХ ИНТЕРЕСОВ ОСУЖДЕННЫХ

Based on the current international, Russian legislation and judicial practice, the article provides a doctrinal analysis of law enforcement practice in the field of judicial control in ensuring the rights and legitimate interests of convicts. The obtained research results make it possible to conclude that there is a practical expediency in strengthening the role of the court at the legislative level in the implementation of judicial functions when changing the conditions of serving a sentence, transferring a convicted person to a chamber-type room, a single chamber-type room. The position on the need to create specialized penitentiary courts in the Russian Federation is noted and justified. The article reflects the author's subjective position on this issue.

Raison d'être for the judicial process

Several Spanish authors have conceptualised the judicial process as a forced and inevitable temporal evolution that must precede the resolution of the controversy and that depends on slowness —as the antithesis of immediacy—. According to this doctrine, this process aims to avoid an immediate judicial response. In this paper, I will examine why the judicial process has been defined in this way; the reasons why speed is not desirable in the judicial function. To this end, I draw on the findings of cognitive psychology and, more specifically, on a set of theories that support the existence of two ways of processing information —two ways of knowing, believing, thinking, reasoning, and acting—: one fast and one slow; these are the dual processing theories. As a result of this confrontation, I propose a rationale, a purpose, and a definition for the judicial process, which are based on the idea that the presence of a time interval is necessary for the right to judicial impartiality and the right of defence to —materially— exist.

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation Dispute)

Four days later aftermath of the armed conflict that broke out between the Parties in the Georgian territories of South Ossetia and Abkhazia (on August 8, 2008), on August 12, 2008 the Republic of Georgia instituted proceedings before the International Court of Justice (hereinafter - the Court) against the Russian Federation relating to “its actions on and around the territory of Georgia in breach of CERD (the 1965 International Convention on the Elimination of All Forms of Racial Discrimination)” [1].
 Georgia alleged that Russia “practised, sponsored and supported racial discrimination through attacks against, and mass-expulsion of, ethnic Georgians” in the two territories in violation of Russia’s obligations under the CERD. Georgia’s Application was accompanied by a Request for the indication of provisional measures in order “to preserve its rights under CERD to protect its citizens against violent discriminatory acts by Russian armed forces, acting in concert with separatist militia and foreign mercenaries”.
 On 15 August 2008, having considered the gravity of the situation, the President of the Court, acting under Article 74, paragraph 4, of the Rules of Court, urgently called upon the Parties “to act in such a way as will enable any order the Court may take on the request for provisional measures to have its appropriate effects”. Following public hearings that were held from 8 to 10 October 2008, the Court issued an Order on the Request for the indication of provisional measures submitted by Georgia. The Court also indicated that “each Party shall refrain from any action which might prejudice the rights of the other Party in respect of whatever judgment the Court may render in the case, or which might aggravate or extend the dispute before the Court or make it more difficult to resolve”. Finally, the Court ordered each Party to “inform it as to its compliance with the ... provisional measures” [2].
 Although the Court has concluded, by ten votes to six, that it has no jurisdiction under CERD to give a judgment on the merits, the dispute nevertheless retains historical significance as the first dispute involving Russian Federation that has come before the International Court of Justice. It was also the first time that the International Court of Justice was directly called upon to interpret the provisions of CERD.
 They were not prepared to address the key issue that the centrality of this dispute had very little to do with racial discrimination. It was an incidental question in the context of a dispute that was overwhelmingly about the use of force. The International Court does not have jurisdiction over the use of force questions, and that finding should have disposed of the dispute once and for all. It was clear in this case that the possibility of a judgment on the merits was unlikely and that the International Court was, at best, being used as a convenient platform for the public articulation of a political grievance, or to draw international attention to Georgia’s plight, without any intention of engaging the judicial function in the actual settlement of the dispute.
 The Georgia v Russian Federation case, as formulated before the Court, it is suggested, fell precisely in the category of disputes that the Court should have struck out summarily as an abuse of process. This argument is strengthened by the fact that Georgia had brought proceedings broadly on the same subject matter before the European Court of Human Rights, arguably a more suitable forum for the adjudication of human rights than the ICJ.

Execution of State Administrative Judicial Decisions a Mirror of the Authority Court

Objective: This study aims to examine the significance and effectiveness of the execution of state administrative judicial decisions as a reflection of the authority of the court. It delves into understanding how the execution process mirrors the court's capacity to ensure compliance with its decisions within the state administrative framework. Theoretical Framework: Drawing upon legal theories of administrative law and judicial authority, this research situates itself within the context of the separation of powers doctrine and the judicial function in administrative matters. It also explores concepts of legal compliance, the role of courts in decision enforcement, and the impact of administrative judicial decisions on governance. Methodology: The study adopts a qualitative approach, utilizing case studies and legal analysis to investigate the execution process of state administrative judicial decisions. It involves in-depth examination of court rulings, judicial proceedings, and administrative actions taken post-decision. Interviews with legal experts and stakeholders involved in execution processes supplement the analysis. Results and Conclusion: The findings showcase the pivotal role of the execution process in reflecting the authority and efficacy of the court within the state administrative system. The study unveils the challenges and successes in implementing administrative judicial decisions, highlighting areas of compliance and resistance. It concludes by discussing the implications of these results for the authority of the court in the administrative context. Originality/Value: This research contributes to the understanding of the correlation between the execution of state administrative judicial decisions and the authority of the court. It fills a gap in scholarly literature by offering insights into the practical manifestations of judicial authority in administrative matters, shedding light on the complexities, challenges, and opportunities inherent in ensuring compliance with administrative court rulings.