Judicial Institutions Research Articles

Yekaterinodar city orphan court: prerequisites of education and law enforcement practice for the establishment of guardianship and guardianship over minors (XIX – early XX centuries)

The article is devoted to a comprehensive historical and legal analysis of the prerequisites for the formation of the Yekaterinodar city orphan Court at the end of the XIX century. and an assessment of its practical activities. In particular, the paper examines the peculiarities of establishing guardianship and guardianship over minors in the Kuban in the pre-reform period, as well as reveals the socio-political reasons explaining why the activities of orphan courts at the end of the XVIII – first half of the XIX century were not provided for in military Cossack settlements. Only since the second half of the XIX century. Conditions for the formation of these organs are beginning to form in the Kuban region. So, in 1886, the city orphan court was established at the Yekaterinodar District Court, from among the burghers and merchants. The article analyzes the features of establishing guardianship and guardianship over minor citizens of Yekaterinodar in the late XIX – early XX century. The author comes to the conclusion that the formation of the Yekaterinodar City Orphan Court was predetermined by the action of the reforms of Alexander II, eliminating the imperative, monosyllabic principle of the functioning of administrative and judicial institutions in the Kuban.

Caste Aside? Names, Networks and Justice in the Courts of Bihar, India

This study investigates the impact of social identity on judicial processes and outcomes at the Patna High Court over a decade (2009 to 2019). We employ machine learning algorithms to infer caste status from surnames (names) in court records. We note that a majority of court participants have ‘caste-neutral’ names. Though we find no evidence of name-based ‘matching’ between litigants and judges, caste-neutral petitioners are 3.3% more likely to choose a caste-neutral advocate. Matching, whether intentional or coincidental, yields notable consequences. Litigants with caste-neutral names who matched with similar judges face a higher likelihood of case dismissal and lower success rates in overturning appeals. However, advocates with caste-neutral names experience less disadvantage in these scenarios. Notably, the adoption of caste-neutral names, while offering some protection, does not fully mitigate the vulnerabilities faced by citizens within India's judicial institutions.

​​Solace of Substance​: Agency, Surrender, and Consolation in Addiction and Polydrug Use

Although preceding its association with substance use, early uses of the term ‘addiction’ signified intense attachment or ‘devotion’ to an activity or pursuit, indicating compromised autonomy, a necessary ‘culling’ of conflicting obligations, such as family and other concerns, and a potentially dangerous surrender (Lemon 2018). Recent advances in biomedical and neuroscientific understandings of addiction, as a relapsing neurological disorder, have sharpened notions of substance use as being outside of conscious control. Yet framing addiction in terms of individual, neurobiological predispositions towards addictive behaviour, continues to impact how we view agency, responsibility, and autonomy, even as substances are ascribed their own powerful agencies. Based on long-term ethnographic fieldwork with individuals and third sector services in south-east Scotland, this article attends to ambiguous notions of agency attributed to and by people who use substances, and to substances themselves. It asks how responsibility for recovery becomes divested onto individuals, and how a moral ‘devotion’ to one’s recovery is mandated by medical and judicial institutions. The article further highlights how dyadic and intimate relationships with heroin are emplaced within wider webs of relations, and how heroin itself is suffused with agency and intentionality: becoming at once a force for destruction and source of life-giving surrender.

Information technology and its role in the activities of judicial institutions

The article is devoted to the definition of the month and the role of information technology in the activities of judicial authorities. It is established that information technology is a set of methods and tools designed for effective work with information. Regardless of how technologies change or how they are used in various spheres of public life, their main purpose remains unchanged - to ensure the collection, processing, accumulation and use of information. It is substantiated that the integrated use of information technologies in the administration of justice is considered to be one of the key elements of a significant improvement of the functioning of the judicial system of Ukraine. The possibility of online access to court registers, information on the stages of court proceedings, and electronic exchange of legal documents are just a few examples which have become possible due to the introduction of information technology into the work of domestic courts. This type of technology can be used to increase the transparency and accountability of the judiciary, thereby helping it to perform its functions and duties in a more efficient manner. Modern technologies allow judges and court staff to access large electronic databases, including case law and regulations, which greatly simplifies and speeds up the decision-making process. The ability to use e-mail and other digital communication tools has ensured efficiency and convenience in the exchange of information between all participants in the judicial process. Another important achievement is that citizens can now apply to the court electronically, making justice more accessible and convenient. This innovation reduces barriers to going to court, speeds up the process of submitting documents and allows participants in the proceedings to track their progress in real time. Thus, information technology not only facilitates the work of courts, but also makes justice more transparent, accessible and efficient, which ultimately increases public confidence in the judicial system as a whole. The use of information technology together with the Internet has opened up the judicial system to the public.

Bishops, Canon Law and Governance in Tenth-Century England: the Constitutiones of Oda of Canterbury

This article challenges the view that canon law was insignificant in the development of tenth-century English administrative and judicial institutions through a new study of Oda of Canterbury's Constitutiones, an important but neglected episcopal capitulary. Particular attention is paid to Oda's sources, the text's place in the legislative programme of King Edmund and the influence of wider European approaches to episcopal justice. The article shows that Oda's statutes endorsed an emerging system of collaborative justice between secular and ecclesiastical elites, thus demonstrating that tenth-century English governance was informed by a wider range of normative legal traditions than usually thought.

Revitalization of Supervision of the Judicial Commission as Strengthening Judicial Institutions in Maintaining the Independence and Integrity of Judges

External supervision of judges' performance is done by the Judicial Commission (JC), namely by providing input regarding the mechanism for providing sanctions for violations of the code of ethics committed by judges. The task of the Judicial Commission regarding recommendations for sanctions for violations committed by judges involves collaborating with the Supreme Court because the judicial commission does not have the right to impose sanctions directly on judges. Therefore, efforts are urgently needed to improve the integrity of judges as law enforcers from the Judicial Commission institution that has the authority to act as an external monitor of the behavior of judges. The Judicial Commission also guarantees that they can maintain and increase the independence and integrity of judges. Regarding the supervision of the Judicial Commission as a strengthening of the Judiciary institution in maintaining the independence and integrity of judges, this research is conducted using normative methods. The data collection techniques are done by searching documents and scientific books to determine the theoretical basis in the form of positive legal material appropriate to the research object.

О судоустройстве в Северной Осетии в досоветский, советский и постсоветский периоды (к 250-летию присоединения Осетии к России)

The article examines the features of the judicial system and the exercise of judicial power in North Ossetia in different historical periods. It is argued that they are determined by a complex of specific reasons, among which the reasons of a spiritual-ideological, historical-political, legal and socio-psychological nature stand out. The main role of the Ossetian military intelligentsia in introducing their people to Russian, European culture, way of life, forms of government, including in the sphere of judicial power, is noted. The issues of organization and abolition of various judicial institutions in the 19th-20th centuries, their dependence on local characteristics and frequent transformations of administrative and judicial institutions in this period are considered. The activities related to the establishment of Soviet courts are covered. The new judicial system and the principle of formation of the judiciary in the post-Soviet period are revealed and criticized. The activities of the abolished constitutional (statutory) courts of the constituent entities of the Russian Federation are assessed positively and convincingly. Proposals are being made for the organization of constitutional councils in the constituent entities of the Russian Federation.

PROBLEM ASPECTS OF ACHIEVEMENT OF CRIMINAL PUNISHMENT GOALS

The authors of the article consider the key problematic aspects affecting the achievement of the goals of criminal punishment in the Republic of Kazakhstan. The main attention is paid to the issues of the effectiveness of punishment, the problems of the resocialization of convicts and the functioning of the penitentiary system. Nowadays, we are witnessing a constant increase in the crime rate, both in the world as a whole and in Kazakhstan in particular. The criminal community is becoming more organized and professional, their fields of activity are expanding, and more and more people are becoming part of the criminal environment. This trend is accompanied by the low efficiency of judicial institutions for the protection of citizens' rights and the destruction of the crime prevention system, which forces the population to conclude that it is necessary to strengthen repressive measures to counter crime. However, despite the importance of punishment in the prevention of criminal offenses, there are two main strategies in the criminal policy of Kazakhstan: tougher responsibility for serious crimes on the one hand and the use of more humane non-custodial penalties for less serious offenses on the other hand. The authors propose specific mechanisms for improving the goals of criminal punishment and designing a system of types of punishments. When determining punishment, the court should be guided by the norms of the Criminal Code, which define the system and types of punishments, as well as the principles and basic rules for its appointment. The article analyzes the current system of punishments, identifies its shortcomings, and suggests ways to eliminate them. As part of this analysis, it is proposed to amend and supplement a number of norms of the Criminal Code.

The concept of legal dualism and its overcoming in contemporary studies of the Russian Empire

The productive interdisciplinary exchange with legal anthropology and the “law and society” paradigm has significantly contributed to the formation of the “legal turn” in historical studies of empires. This “turn” has intensified the study of legal pluralism, the competition and mutual influence among various types of imperial jurisdictions (state, corporate, confessional, ethnic, estate-based, regional, communal, etc.), and the significance of law and judicial institutions in managing diversity and integrating imperial spaces. Additionally, it explores the role of judicial and legal institutions in reinforcing the status and identity of imperial communities and in shaping their interactions with the state. This article, in light of the new interdisciplinary synthesis, discusses one of the oldest and most enduring concepts in the legal-historical sphere of the Russian Empire — the model of “legal dualism”. Formed in the 19th century, this concept remains influential in historiography. It posits the coexistence and sharp distinction between two legal realms: on one hand, a unified realm of modern statutory law and corresponding institutions that regulate the lives of the empire's elite; and on the other hand, an ethnically and locally variable realm of particularistic “customary law” and associated conflict resolution practices prevalent among the heterogeneous population of the imperial center and periphery. According to this concept, the establishment of new courts modeled on European systems during the post-reform period exacerbated the legal and behavioral divide, disrupting pre-existing elements of pre-reform particularistic inclusion of ethnic and class communities. However, recent research has critiqued and revised the “legal dualism” concept in both the pre-reform and post-reform periods. Analyzing this historiographical dynamic has enabled the identification of the most promising avenues for further research on the legal-historical aspects of Russia from the 18th to the early 20th centuries, developing a more realistic depiction of the interaction between the state and various local, regional, class-based, ethnic, and confessional communities within the empire.

TOPICAL ISSUES OF DOCTRINE AND COURT PRACTICE ON THE INTERNATIONAL RESPONSIBILITY OF THE STATE FOR THE ACTIVITIES OF FOREIGN NON-STATE ARMED GROUPS

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

ENSURING JUDICIAL INDEPENDENCE BY EVALUATING THE RECRUITMENT PROCESS AND LEGAL FRAMEWORK FOR JUDGES IN INDONESIA

As the highest judicial institution, the Supreme Court exercises its powers freely and independently. Judges must have morals, principles of justice, and adhere to a code of ethics. Judges must uphold justice in resolving disputes or legal cases and ensure that society receives justice. As state officials, the recruitment process for judges should be separated from the recruitment of civil servants. The position of judges as state officials should be regulated comprehensively by law. This research examines the recruitment process of judges as independent implementers of judicial power. The research method used is descriptive, using qualitative data analysis with a normative juridical approach. Supreme Court Regulation Number 1 of 2021 concerning Amendments to Supreme Court Regulation Number 2 of 2017 concerning the Procurement of Judges regulates the need for judges in General Courts, Religious Courts and State Administration through the acceptance of Candidates for Civil Servants that needs to be improved. This need arises because there are no legal provisions regarding the recruitment of judges as state officials. In the future, provisions for the recruitment of judges should be regulated through Government Regulations so as not to impact the independence of judges as implementers of judicial power.

Features of the organization and activities of the military college of the supreme court of the USSR during World War II

Without pretending to be exhaustive, the authors aim to focus on the organizational features of the functioning of the Military Collegium of the Supreme Court (MCSC) of the USSR during the Second World War and the specifics of its punitive practice in the specified period in the western regions of Ukraine. The purpose of the task is to clarify the powers, the circumstances of the struggle for the strengthening of the monopoly in the control of military tribunals (MT) between the MCSC and the People's Commissariat of Justice (PCJ) of the USSR, highlighting the role of the Military Board in passing judgments, the implementation of absentee justice, as well as the details of the preparation and conducting field sessions in the west of Ukraine. The research methodology combines the tools of historical and legal analysis and social anthropology. The scientific novelty consists in posing and revealing the problem of conceptualization and practical implementation of the punitive policy of the Soviet state with the participation of the highest military judicial institution. The material introduced into scientific circulation makes it possible to focus research optics on the issues of interaction and parallelism, the struggle between various departments for control over special courts, to create a more complete picture of the arbitrariness that unfolded in the last war and post-war years in the western Ukrainian lands. It was established that the Military Collegium of the Supreme Court of the USSR was an integral part of the political terror implemented both in the armed forces and against the civilian population. Created in 1939, the parallelism in the control of the VT by the People's Commissariat of Justice and the MCSC caused a confrontation between these bodies. The top of the USSR used this in their interests to maintain their own undivided control over the judiciary. The content and methods/forms of the punitive practice of this institution (customary nature, absentee justice, etc.) remained intact since the Great Terror and were fully controlled by the highest political leadership of the USSR. This was clearly confirmed during the work of field sessions in the western regions of the Ukrainian SSR.

Іnternational and foreign practice of compensation for war crimes

The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the analysis of international treaties and conventions that regulate compensation issues, including the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, as well as the Rome Statute of the ICC. Various compensation models are considered, including monetary compensation, rehabilitation, and other forms of reparation. The article also explores the role of non-governmental organizations and international funds in the process of compensating war crime victims. The effectiveness of different approaches and mechanisms used to ensure justice and restore the rights of victims is analyzed. The work pays attention to the problems and challenges faced by law enforcement agencies when handling war crime cases, as well as the prospects for improving the international legal mechanism for protecting the rights of victims. The research is based on the analysis of specific cases, court decisions, and legal acts, allowing conclusions to be drawn about the current state and possible ways of developing the compensation system for war crimes. Thus, the article contributes to the scientific discussion on improving the mechanisms of legal protection for victims of war crimes and ensuring justice in international law.

Regarding the question of usage of open-source evidence in criminal proceedings

The article is devoted to the study of the issue of using open-source evidence in criminal proceedings. Attention is drawn to the lack of a universally recognized definition of the term “open-source information”, a list of fundamental features of this type of information is provided, among which are: 1) accessibility of the information to the general public; 2) the author of the information may not be determined; 3) access to information can be provided both on a paid and free basis. The lack of an adequate volume of legislation aimed at regulating the procedure for usage of open-source evidence is emphasized. A study of the Berkeley Protocol, which was created jointly by the University of California, Berkeley School of Law and representatives of the United Nations, was carried out. In particular, the following is outlined: a list of the principles enshrined in the Berkeley Protocol, divided into professional, methodological and ethical, their content; the investigation process put forward in the Berkeley Protocol, that consists of the following stages: 1) online inquiries; 2) preliminary assessment; 3) collection of information; 4) preservation of information; 5) verification of information; 6) investigative analysis. Problems that may arise in the process of using open-source evidence are emphasized. The requirements of propriety, admissibility and reliability of open-source evidence are studied. The state of legal regulation of the issue of the usage of open-source evidence in national legislation is considered. The specific features of electronic (digital) evidence are singled out, which distinguish them from other types of evidence and determine the need to separate them in the criminal procedural legislation as a different type of evidence. The practice of national and international judicial institutions related to the use of open-source evidence is considered. The special role of this type of evidence for establishing the corpus delicti or circumstances of crimes against the foundations of national security, especially since the beginning of full-scale Russian aggression against Ukraine, is emphasized.

Emblems Performing Law

The close relationship between the theatre and the courtroom is a commonplace visual trope. In both spaces, discourse becomes spectacle, speech is performative, narrative is subjective, and scenography is essential. Julie Stone Peters’ book Law as Performance articulates the long history of Justice’s theatricality, through a detailed examination of legal verisimilitude. Does this theatricalization, which is often outrageous, lead to a travesty of the judicial ritual? While the very raison d‘être of the judicial institution is to produce images, these images have different roles, uses, and regimes, which the following contribution sets out to address. The subject matter of Law as Performance lies at the crossroads of several different methodological approaches, particularly centering judicial language analysis. This paper will discuss the ways in which visual sources are treated; the oft-quoted adage “justice is not merely to be done but must be seen to be done” leads to the longue durée analysis of the trope of law as theatre.

International Crimes and Double Standards

Abstract The law’s aspiration to impartiality, central to its legitimacy, is impaired by concerns that judicial systems treat similarly situated persons or factual situations differently for improper reasons. In few fields is this truer than the sphere of international criminal justice, where the political stakes are high and judicial institutions are relatively young. The conflicts in Ukraine and Israel/Palestine have fuelled claims on all sides that the search for accountability has been marred by double standards. How these are addressed — by courts, states, and civil society — matters for the victims of grave crimes, and for the international justice project itself. This article argues that, while those who wish to advance international justice cannot eliminate double standards, they can adopt concrete measures to combat and minimize them. Given how important perceptions are in this debate, even small steps matter.

The Influence of Social Media on Judicial Independence

Purpose: This study sought to analyze the influence of social media on judicial independence. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the influence of social media on judicial independence. Preliminary empirical review revealed that social media exerted considerable pressure on judicial processes, potentially compromising judges' independence due to increased scrutiny and criticism. It found that misinformation and sensationalism on social media significantly eroded public trust in the judiciary, leading to distorted perceptions of judicial fairness. Judges were often influenced, consciously or subconsciously, by social media discourse, affecting their decision-making processes. The study highlighted the need for ongoing attention and research to understand and mitigate these influences, ensuring the preservation and strengthening of judicial independence in the digital age. Unique Contribution to Theory, Practice and Policy: The Social Silence Theory, Media Dependency Theory and Spiral of Silence Theory may be used to anchor future studies on judicial independence. The study recommended developing comprehensive guidelines for judges' social media engagement to maintain impartiality, and emphasized the need for further research into the psychological impact of social media on judges. It advocated for judicial education and training programs focused on digital literacy and stress management, and suggested establishing institutional support systems for judges facing social media pressures. Additionally, it recommended proactive engagement of judicial institutions with the public through social media to build trust and counteract misinformation. Continuous research and monitoring of social media's impact on the judiciary were also advised to adapt and implement effective strategies proactively.

The supranational character of decisions of international judicial institutions

The supranational character of decisions of international judicial institutions

Execution the decisions of the constitutional court

The constitutional judiciary is one of the most important constitutional and judicial institutions of the state. It has an important role in resolving lawsuits related to the state’s constitution, or those that have a constitutional dimension, and resolving constitutional issues. Decisions must be decisive and final and have binding force on all constitutional institutions of the state, meaning that they have authority Absolute towards all authorities within the state, in order to comply with and implement the decisions of the constitutional judiciary by state institutions. Having said that, the content of this research under the title (Execution of the decisions of the constitutional court) discusses the form and authoritativeness of the decisions of the constitutional judiciary, and the execution of these decisions by each of the authorities (legislative, executive, and judicial), and overruling by constitutional court with the rulings of the Iraqi Federal Supreme Court.

Penerapan Asas Sederhana, Cepat, Dan Biaya Ringan Dalam Pelaksanaan Modernisasi Persidangan Perkara Pidana Berdasarkan Cetak Biru Pembaharuan Peradilan Tahun 2010-2035 Pada Pengadilan Negeri

This study aims to analyze the application of simple, fast and low-cost principles to judicial institutions in criminal trial processes. The research method used is normatic-empirical research, namely Library Research which is complemented by Field Research (empirical) by collecting direct information through interviews with parties related to the statutory approach (statute approach), conceptual approach (conceptual aapproach). The results show that Modernization of Justice in the trial of Criminal Cases is a demand of changes in world society in the era of globalization. Modernization of Criminal Justice has been accelerated by global challenges by utilizing IT with the holding of Electronic Criminal Trials with the aim of providing legal certainty to Defendants, where electronic trial is held as a form of application of the principles of fast, simple and light costs that have been stipulated in the Criminal Procedure Code in the implementation of criminal trials themselves.