Judicial Instances Research Articles

The category of certainty of the Constitutional Court of the Russian Federation’s judgments as a legal standard for the implementation of its decisions by the courts

This article analyzes the problems of the category of certainty of the decisions of the Constitutional Court of the Russian Federation in the judicial enforcement practice of courts of general and arbitration jurisdiction. The key role played by the Constitutional Court in ensuring the direct action of the “living” Constitution of the Russian Federation in the work of the courts is substantiated. The certainty and uncertainty of the implementation of the judgments of the Constitutional Court as the paired legal categories in judicial law enforcement practice are analyzed. Their content side is disclosed. It is noted that the failure to comply with the requirements of the category of certainty of the decisions of the Constitutional Court leads to ambiguity, incorrectness, and also complicates the process of their implementation by judicial instances. Taking into account the foregoing, the regulation of relations is not based on the uniform practice of law enforcement that entails a violation of rights and legitimate interests of specific applicants and an indefinite number of persons. It is also explained in the paper that in the judicial law enforcement practice, the main task of constitutional law is the certainty of the text of decisions of the Constitutional Court. Theoretical problems in the sphere of the domestic constitutional justice, which are of theoretical and practical importance for ensuring the unity and consistency of judicial enforcement practice, have been developed. Conclusions referring to the problem under study are drawn and suggestions are made.

The Legal Status of Persons to Whom the Rights of a Deceased Victim are Passed

The article explores the issues of the legal status of relatives and close relatives of the deceased victim in criminal proceedings. Examines the problems of determining the circle of persons who can transfer the rights of the deceased victim, their criminal procedural status depending on the cause of death of the victim. Attention is paid to some issues of content of the legal status of such participants in the criminal process. Various approaches to determining the legal status of relatives and close relatives of the deceased victim in legal literature have been analyzed, the positions of the highest judicial instances, as well as judicial and investigative practice, have been studied. The necessity of recognizing these persons as victims irrespective of the cause of death of the deceased is substantiated. The ways of improving the norms of the criminal procedural law have been worked out, the preconditions for adjusting the content not only of Article 42 of the Code of Criminal Procedure of the Russian Federation, but also of individual decisions of the Supreme Court of the Russian Federation have been formed.

РЕАЛІЗАЦІЯ ОСОБИСТОГО НЕМАЙНОВОГО ПРАВА НА ОСВІТУ В УМОВАХ НЕОБХІДНОЇ ВАКЦИНАЦІЇ ВІД COVID-19

This article is aimed at a detailed analysis of the process and possible obstacles in the implementation of the personal moral right to education in the context of the necessary vaccination against COVID-19. To understand fully the subject of the research, attention was drawn to some legislative acts that allow us to understand the meaning of the personal moral right to education, to analise definitions. The study analyzed the argumentation about a certain inferiority of distance learning, introduced due to quarantine restrictions and an insignificant number of vaccinated participants in the educational process. The allegation of violation of the right to education after the introduction of distance learning was refuted, taking into consideration the legislative acts. Another point of view, that was analyzed during the research, was the existence of discriminatory processes against unvaccinated citizens in the exercise of the right to education. However, a detailed analysis of the laws, as well as the personal opinion of the Ombudsman regarding the removal of unvaccinated persons from full-time education, gave grounds to refute this statement. Special attention was paid to the decisions of authoritative judicial instances, namely the ECHR, the Supreme Court on the arguments in support of compulsory vaccination, as well as the legality of limiting the rights of the unvaccinated. These decisions were based on the interests of the whole society, as well as the collective right to a safe environment. The study analyzed the mechanism of limiting any human right and its use to substantiate the legality of excluding unvaccinated individuals from full- time education. Significant attention was paid to the point of view, which considers the need for vaccination as a condition for the realization of the right to education in any form, and certain analogies were described. And also the problem was analyzed taking into account the concept that recognized human life as the highest legal value. During the study, the conclusion was drawn, that there wasn’t a fact of violation of the right to education of unvaccinated persons due to the interests and safety of society.

Costo de las tutelas en salud en Colombia 1992 a 2016

En Colombia cada día en promedio se interponen 70 acciones de tutelas, 17 de las cuales solicitan servicios de salud. Lo anterior, en contraste con los múltiples esfuerzos del Estado que, durante los últimos 24 años ha adelantado diversas reformas y ajustes al Sistema General de Seguridad Social en Salud, para impactar cobertura de aseguramiento, accesibilidad, eficiencia en el manejo y distribución de los recursos. Aun así, continúa el incremento de las acciones de tutelas en salud y éstas, además de haberse consolidado como indicador de apropiación de derechos fundamentales, se ha constituido como un indicador de accesibilidad a los servicios de salud. Este artículo realiza una reflexión sobre el valor monetario de los costos directos de las acciones de tutelas para dos instituciones del estado, una del Ministerio Público denominada personería como ente asesor y otra adscrita a la rama judicial de Colombia denominada reparto y juzgado. Por lo general las tutelas pueden pasar por varias instancias según su resolución, sin embargo, para este caso solo se reflexionará con la información de la primera instancia judicial para poder extrapolar los cálculos al nivel Nacional, es decir, asesoría para el escrito de una tutela y el de recepción y análisis del caso en un juzgado, con el fallo en primera instancia y las notificaciones; todo ello, derivado de un análisis retrospectivo, ajustado a valores presentes de 2016. Según la defensoría del pueblo, desde 1992 a 2016 se han interpuesto 5.865.665 tutelas, que representan a precios constantes de 2016, más de 4,3 billones de pesos (COP $4.336.890.408.097). Con estos recursos se podrían pagar más de 114 millones de citas por medicina general, es decir, casi 3 consultas de medicina general por habitante de Colombia, lo cual significa que estos costos son de transacción creciente y que de manera paradójica, terminan generando grandes ineficiencias económicas al Estado colombiano que, además del detrimento representado en la salud de los pacientes, asume el costo de la restitución de un derecho de acceso pagado de manera anticipada por los usuarios y el Estado.

SPECIAL KNOWLEDGE IN CRIMINAL CASES: LEGISLATIVE, DOCTRINAL AND LAW ENFORCEMENT ASPECTS

A counsel at law has broad advocacy authority to use specialized knowledge in criminal proceedings, which is one of the hallmarks of the adversarial process, in which the officials conducting criminal proceedings are confronted by a defense endowed with all legal arrangements to adjudicate the rights and legitimate interests of the suspected offenders and accused. The paper discusses procedural and non-procedural possibilities for a counsel at law to use the special knowledge in criminal proceedings through forensic expertise and the involvement of a specialist in that field. The author explains why activities of the counsel at law and of these two specialists in criminal cases are inextricably linked and mutually refer to each other. A counsel at law realizes his rights to participate in forensic expertise asking a specialist for help when appointing a forensic expertise, analyzing the expert's conclusion, applying for an additional or repeated expertise and summoning an expert to give evidence. Violation of the counsel at law rights in the process of the forensic expertise may be grounds for the recognition of the evidence inadmissible and cancel the procedural decision. The authors analyze a legal regulation of the counsel’s at law procedural possibilities on participating in a forensic expertise and on involving a specialist, taking into account changes in the Code of Criminal Procedure, introduced by Federal Law No. 73-FZ of April 17, 2017. The authors also summarize the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on problem issues arising in the process of implementation by the counsel’s at law rights granted by law. The article reveals ambiguity of the existing law enforcement practice and contradictory positions worked out by the highest judicial instances.

Тендеры без конкуренции

Th e article considers the legislative regulation issues, the main problems of competition and questions of small business supporting at the public procurement market. Th e specifi c illustrations of mechanisms for holding trades without competitors are presented. Th e judicial instance on protection of small business interests and revealing of corruption risks are considered.

The Remote Interaction between the Public Commission and International Judicial Instances

The Remote Interaction between the Public Commission and International Judicial Instances

A avaliação educacional como tecnologia de controle no capitalismo neoliberal

O presente artigo trata da avaliação educacional como tecnologia de controle no capitalismo neoliberal. Compõe-se basicamente de três partes, das quais a primeira se ocupa em resgatar alguns elementos relativos à genealogia das disciplinas, tal como realizada por Foucault no curso A sociedade punitiva (2013) e, posteriormente, em Vigiar e punir (1991). Dentre esses elementos, são priorizados o exame, o papel do exercício e das instâncias julgadoras, bem como o tipo de individualização característico das sociedades disciplinares, articulando-os, dentro do possível, à educação. A segunda seção, por sua vez, inicia fazendo um breve retrospecto histórico do processo de empresariamento da sociedade, em geral, e da educação, em particular; em seguida, delineia o desenvolvimento de um novo espírito do e para o capitalismo, mapeando algumas de suas principais características; e articula-o, por fim, ao advento das sociedades de controle, conforme o diagnóstico de Deleuze (1992). Na terceira seção, retornamos ao tema da avaliação e do exame, desta vez, no contexto da sociedade de controle, a fim de explorar suas conexões com as novas tecnologias de governo, lançando mão, para tanto, dos aportes teóricos introduzidos pelo sociólogo Luc Boltanski (2013) no sentido da ativação da resistência aos procedimentos educacionais de subjetivação.

Jednostrana izmena ugovora o kreditu u pravu Mađarske

The issue of legality of stipulations enabling banks and other financial institutions to modify loan contracts unilaterally had its evolution in Hungarian law, too. What is peculiar to Hungarian law, if considered parallel to Serbian law, is that Hungary, at the eruption of the global financial crisis, or to be more precise, somewhat later, when the number proceedings for the annulment of loan contracts became significant, had specific legislation on this subject the matter, the 1996 Law on Credit Institutions and Financial Enterprises (Hpt.). The Law, in its text applicable until 1st January, 2004, considered valid stipulations enabling unilateral modification of loan contracts. However, it did not prescribe conditions under which such clause may be considered valid, but left freedom to parties to regulate it. The consequence of freedom of contract was that such stipulations have regularly been formulated, so that financial organizations had wide discretion in its application. Realizing the danger of abuse, the legislator changed the Law. The new text, effective from 1st January, 2010, contains considerably more detailed regulations and prescribes stringent conditions of validity of a clause on the right to amend the terms of the loan unilaterally. However, even with the more detailed regulations, a number of issues remained open that ultimately needed to be addressed by the supreme judicial instance, i.e. the Curia. It was first attempted in the judgment of the Curia in the so-called Partiscum case from 2011, but the most significant interpretation of the conditions under which stipulating the right to unilaterally amend the contract, was given in the decision no. PK 2/2012. (XII.10) of the civil law session of the Curia. The Curia stated that such stipulation shall be considered valid, if it is unambiguously and clearly formulated; if the reasons of unilateral modifications are enumerated; if they are determined objectively; if they have a real impact on the elements that influence the interest rate, fees and expenses in connection with the contract and that the scope of changes in the contract is proportional to the scope of changes of relevant circumstances; that the stipulation was transparent for consumers, and if the clause is applicable to the consumer as well, if the relevant circumstances change to his advantage. The requirements of clear and unambiguous formulation and transparency was further clarified in Curia's decision no. 2/2014. PJE. The Curia stated that for the fulfillment of this condition it is not satisfactory that the wording of the stipulation is correct linguistically and grammatically, but it requires that is should be formulated so as to enable the consumer to understand and assess its possible economic consequences. The adoption of this decision was necessary because the ECJ delivered its decision in the Kásler case (C-26/13) in the meantime, which complements the interpretation of Art. 4. sec. 2 of the Directive 93/13/EEC on unfair terms in consumer contracts. The final stage in the evolution of the legal framework of the right to unilateral modifications of loan contracts in Hungarian law, was the enactment of the Law no. XXXVIII of 2014, which raised the content of the conclusions of the Curia to the level of general legal act. The law sparked much criticism regarding its constitutionality: concerns were raised in relation to the establishment of a legal presumption of unfairness of contractual clauses and provisions of general business conditions of banks that explicitly enabled them to change loan contracts unilaterally. It is stated correctly in the literature that by this means the consequences of incomplete and inadequate legal framework were subsequently shifted on financial institutions, even if at the time of conclusion of the contract, or when the general business conditions were in force, they were in line with the effective regulations. The Law has, however, sustained the control of constitutionality. In Hungary today, unilateral modification of banking loan contracts is subject to a very strict legal regime. According to the amendments of the Consumer credit act from 2014 loans with repayment period shorter than three years cannot be unilaterally modified to the detriment of the consumer at all. Contracts with longer repayment period can be modified to the detriment of the consumer up to five times, while the interest rate must remain unaltered for at least three years after each modification. In addition, the range in which financial organizations could increase the interest rate is controlled by the Hungarian Central Bank by disclosing indices officially in the range of which the interest rate could be altered.

Fragmented care in highly complex cases. How to work towards the same end

Introduction : There is a subgroup of patients who are admitted to sociosanitary field in which competence is compromised. It is accompanied by healthcare and/or social complexity, including lack of reference person in the family and even the need for a proxy. These patients are transferred to long-stay units as the only resource available. We consider studying the volume of such cases and try to describe the items that affect their complexity as well as the length of hospital stay, whether the patients are deceased or they’ve been finally discharged. Patients and Methods :Retrospective study of hospital discharges that required an Attorney General Office’s statement to seek interim measures of protection during the period 31-12-2014 to 1-01-2012. Results : During this period we have dealt with 14 cases that required this type of intervention. Casuistry of these three years has been 1.3%, 2.7% and 1.5% of discharges respectively. Psychogeriatric or conventional long-stay Unit has been the service of reference in all cases. Gender Distribution: 1: 1 (7 men and 7 women). The average age was 72.4 (SD 4.5) years. Discharge destination: nursing home in 6 cases (four public, two private); discharge to home without resolution: 6 cases and 2 deceases. Designed proxy during the process: 2 cases. Conclusions : - Casuistry represents 1.9% of discharges in long-stay Unit. - Responses from judicial instances are extraordinarily slow and without resolution in some cases. - They generate large amounts of interventions and cause distress to professionals. Proposals for improvements : Case Detection : Prioritize detection of cases before hospital admission. Plan health and social course without the need for distorting the hospital resources. Professional Level : Training in specific skills to adopt the person-centred and not resource-centred model of care. Provide professionals and work teams with specific tools to deal with these cases in order to avoid burn-out. Community level : Create a commission amongst different actors involved in the case on a cross-cutting basis and with equal involvement of institutions (Health, Social Welfare, Municipal-District and Prosecutor’s Office). Ethical level : Ensure principles of Equity and Justice when accessing to resources.

WARIANTYWNOŚĆ ORZECZEŃ SĄDOWYCH: PRÓBA KOMPLETNEGO OPISU GATUNKU

This research addresses the question of whether the genre of judgment is homogeneous or whether there are any factors which determine the specific linguistic characteristics of a judgment. For this purpose, a corpus of forty Spanish judgments has been compiled (containing civil and criminal judgments, and the 1st instance and appeal instance). This paper demonstrates that both the variant of judicial order and the variant of judicial instance condition the linguistic form of judgments; therefore, we should speak about genre variation. For that reason, a compre-hensive description of the judicial genre of Spanish judgments should include such variants.

О некоторых вопросах государственной политики Итальянской Республики в сфере налогообложения

The article considers certain imposition issues of Republic of Italy’s state policy, particularly the taxing authorities’ individual counseling of taxpayers (ruling) carried out on the basis of the Consumer Charter that’s systematized and codified the principles that existed earlier in the legislation. Common European approaches have been studied that addresses optimization issues of taxation and it’s distinction from tax evasion, as well as the attitude of the Italian legislators on this issue, based both on courts’ decisions of various judicial instances, and on civil and the tax legislations’ special rules. This attitude is that taxpayer’s simple execution of multi-move financial and business operations, not aimed at any direct economic outcome, can be considered as a suspicion of tax evasion by means of tax optimization. In addition, there is the detailed analysis of the powers, the structure and the performance of the Financial Guard which is a law enforcement body providing economic and fiscal security of the Italian state, where the whole cycle of identification, suppression and investigation of tax crimes are concentrated.

Res Judicata in Sports Disputes and Decisions Rendered by Sports Federations in Switzerland

The nature of the decisions of a sports federation’s judicial instance has long been discussed, also in connection with res judicata considerations in case the same claim involving the same parties is subsequently brought before the Court of Arbitration for Sport (CAS). In such a case, the CAS Panel must examine if it may entertain the claim and issue a decision. If the previous decision has already dealt with the same issue in a final and binding way, it should refuse to entertain the case. We may also encounter situations in which e.g. the previous decision terminated the proceedings (due to the lack of action by the claimants) and the Panel has to establish whether such decision had a res judicata effect. If the previous judicial instance was not a state court, the Panel must further check whether the instance that rendered the previous judgment is an “arbitral institution” comparable to state courts and vested with the power to render “arbitral awards” according to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (New York Convention, NYC58). And, finally, the CAS Panel seized with the same claim should also proceed to a control of the first decision under Article V (2) (c) NYC58. This paper deals with the broader issue of res judicata in sports arbitration proceedings and, more precisely, with the steps that should be taken by CAS Panels when they control whether the decisions rendered by other judicial instances are vested with res judicata effect.

Drosiaco, Marianorum iudice

The paper tries to provide an answer to a question why a ruler of the Narentines was called a judge. When making a comparison between Drosaico and other occurrences of the title of judge at that time, it can be concluded that none of them was authorised to lead foreign policy. Such right was solely the ruler's one. While researching why a ruler had a title of a judge, an interpretation suggests that at that time the ruler also became the supreme judge in the state and that that judicial authority was the most prominent one, hence the title. That information can be put into relation to the monk Simeon's, the erstwhile a great mayor, Stefan Nemanja, Hilandar Charter where Rad's and George's judicature were mentioned. That meant that in this case the process of providing peace shifted from the social community to the Vlach elders as their supreme judges. However, it did not mean that the rulers or the Vlach elders adjudicated disputes but that they became the highest judicial instance.

Концепция единого Гражданского процессуального кодекса: предложения Института законодательства и сравнительного правоведения при Правительстве РФ

This publication is the result of collective discussion at the Institute of Legislation and Comparative Law under the Government of the Russian Federation of the Concept of a common code of civil procedure adopted in 2014. The article deals with the problem of harmonization of legislation governing the consideration of the various categories of cases within the jurisdiction of the courts of general jurisdiction and arbitration courts. Particular attention is paid to the problems of access to justice, coordination of legislative activity, taking into account the future prospects of unification of the rules and institutions governing the procedural arrangements of civil, administrative and criminal proceedings. The article describes the objective relationship between the development of an of procedural law and the law on the judicial system, which must be taken into account when solving problems to ensure the effective operation of the courts at all stages of trial and in all judicial instances. Certain problems that arose after the unification of the higher judiciary authorities are reviewed, recommendations aimed at improving the structure and organizational forms of the Supreme Court of the Russian Federation are given.

«Nuevos derechos» y principio de autodeterminación entre el Tribunal Europeo de Derechos Humanos, la Corte Constitucional italiana y el Legislador nacional. Algunas reflexiones

<p>El artículo 8 del CEDH establece el derecho al respeto de la vida privada y familiar, que ha sufrido una relectura expansiva a través de una enriquecedora jurisprudencia de las divergentes instancias judiciales, y sobre todo, de las resoluciones emanadas por el relevante Tribunal Europeo de Derechos Humanos, que impactan, de forma directa e indiscutible, en los planos domésticos.</p><p>Así, resulta innegable cómo el sentir de la jurisprudencia europea se impone, y sirve de impulsor de la redefinición de los sistemas, y del propio Derecho, lo cual suscita las reticencias de ciertos tribunales nacionales que se sienten limitados por la línea marcada por el TEDH. Al mismo tiempo, resultará necesario replantear el papel del legislador que, quizá, se vea demasiado inspirado, por no decir condicionado, por los razonamientos jurisprudenciales.</p>

From a Duty to Remember to an Obligation to Memory? Memory as Reparation in the Jurisprudence of the Inter-American Court of Human Rights

Commemorations and reparations are central elements of the transitional justice agenda. The inclusion of memory-related measures among the steps that states are expected to take along the transitional process has been progressively translated from the transitional justice domain to the language of international law. Judicial and quasi-judicial human rights instances have required states to make and undertake memorials, commemorations and public acts of remembrance, both as an instrument of reparation for the individual victim and as a mechanism to warn against the repetition of the same abuses in the future. As a result of this trend, memory-related measures have progressively become part of the state obligation to provide reparations to victims. The inclusion of memory-related measures in the scope of the international obligation to repair, however, raises some thorny issues. This review of the jurisprudence of the Inter-American Court of Human Rights in relation to memory-related orders and analysis of the case of the memorial El Ojo que Llora in Peru critically assesses the emerging trend of using memory-related initiatives as measures of reparation determined by judicial organs.

Organization of district courts (1846-1858)

In this paper we tried to present the organization of district courts in the period 1846-1858, which is marked by the two reconstructions of judicial system. In the first reconstruction of 1846, new court organization laws were brought and the second reconstruction of 1858 meant the foundation of the Court of Cassation. Organization of district courts is considered as very important; district courts of the first degree bore the burden of judicial system and other judicial instances were dependent on efficiency of district courts. Organization of district courts was a reflection of the inner policy of Ustavobranitelji. Legislative and executive authorities faced various challenges in the judicial practice and brought solutions by which legal norms were interpreted or changed. The search for the right solutions and learning on own mistakes led to the definitive court organization in 1865.

Secondary sources of Anglo-American law

Problem setting. Improvement of the domestic system of the sources of law being the important part of the legal system of Ukraine modernization is virtually impossible without working out of the logically consistent and not internally contradictory theoretical model of the source of law, revealing of the vertical and horizontal ties between different sources of law, tendencies of their development, peculiarities of their interaction with other elements of the legal system. In connection with this it is actual and useful the investigation of the foreign models of the sources of law, regularities of their development and also implementation in the national legal system of the corresponding foreign legal experience. System analysis of sources of the Anglo-American of law gives the possibility to take a fresh look at such sources of law as normative-legal act and legal precedent, to reveal their shortcomings and advantages, peculiarities of their interrelation and interaction with secondary sources of law. Recent research and publications analysis. Works by W. Burnham, R. Cross, R. David, N. Duxbury, L. Fuller, J. Gray, J. Merryman, S. Pohrebniak, R. Pound, M. Radin, F. Schauer F. Shecaira, S. Shevchuk, K. Zweigert are noteworthy among modern scientists researching this problem. Paper objective. The main tasks and goals of the article set by the author are as follows: determination of the main approaches in the Anglo-American jurisdiction to the interpretation of the concept «source of law», determination of the interrelations and interaction between primary and secondary sources of law, peculiarities of their use in the legal practice , in particularly, in the case of enforcement of law. Paper main body. Complex historical process of the sources of law formation in the legal systems of the Anglo-American legal family has taken place under direct and significant influence of the judicial corps representatives. It is not only concerns of the main source of the Anglo-American law, that is, precedent being the product l of the court lawmaking. It is as the result of the activity of the judges that such sources of law as «general rules » of the courts, written by the prominent lawyers, mainly, by judges, so-called, «books of authority»; legal custom that acquire legal and regulatory character in the event of judicial sanctioning. Characterizing the role and significance of the legislation (statute law) in the legal life of the modern countries of the general law, determining its interrelations and interaction with the precedent law it is necessary to take into account that statute norms «revive» exactly in the court practice. The courts use the statute norms in the case when they have been interpreted by the highest judicial instances in the framework of the particular case decision. Conclusions of the research. The statement that enforcement of law is based on the formal and dogmatic approach to law and especially mechanical use of the legal regulations, in fact, making it impossible adoption of reasonable and equitable decisions is recognized among lawyers of the Anglo-American tradition. That is why, the judges in the countries of the Anglo-American law often turn to non-legal sources of law and secondary (additional) sources of law, first of all, to the scientific sources. Herewith, the legal science has influence on the enforcement of law in two basic forms. Firstly, when scientific statements become part of the legal consciousness of the enforcement of law subjects in the course of the study by them of the scientific works .In this case, we are talking about indirect influence of the scientific thought on the legally significant decisions made by judges . Secondly, under the conditions of the controversial practice of the norms of law use, presence of the gaps in the legislation, collisions of the legal regulations it is used by the judicial bodies scientific positions as mean of the additional argumentation referring in their decisions to lawyer authoritative works. This make their legal position more convincing, logical and well grounded.

Osnovne norme građanskog sudskog postupka u Kneževini Srbiji 1838-1846. godine

The basic idea of regime of ustavobranitelji was to insure everybody's private property, so written laws and organized judiciary were necessary. The first years after the Constitution of 1838 were fundamental, with first laws that determined and established judicial instances and jurisdiction of the Ministry of Justice, and circulares, which closer defined judicial practice. The basic norms of civil judicial proceedings were defined in regulations of communal and district courts, brought in 1839 and 1840, Additional rules of civil and crimminal judicial proceedings from 1845 and their explanations from 1846, and also in many circulares concerning certain aspects of civil judicial practice.