Judicial Problems Research Articles

Legal and Judicial Problems for Divorce According to Algerian Law

Divorce is the dissolution of the marital bond between the parties, and it is either retroactive or irrevocable with minor or major evidence. It is one of the most frequently raised issues before the judiciary and raises many problems, the most important of which is the issue of proving divorce, especially with the ambiguity surrounding some of the articles that the legislator singled out for the issue of divorce and the difficulty of applying it judicially. However, it is shrouded in some ambiguity, especially with the existence of Article 49 of the Family Code, which considers that divorce can only be established by a ruling. Is the judgment in this case considered revealing or decided? Also, once a divorce from the husband occurs, its effects are achieved by dissolving the marital bond and the wife’s waiting period. This is from a legal point of view, but this contradicts what is stated in the legal texts. What are the procedures, if any?

Frotteurism and Kleptomania in High-Functioning Autism Spectrum Disorder: A Case Report

Innate vulnerabilities in autism spectrum disorder (ASD) could increase the risk of comorbid psychiatric conditions and judicial problems. Persistent deficits in social communication, narrow, repetitive interests, or sensory impairments could lead to deviant behaviors. This case study refers to a 22-year-old male who exhibited behavioral particularities in agreement with the presence of frotteurism and kleptomania. The impulsive nature of these behaviors was consistent with repetitive and stereotyped patterns. Premorbid social impairments, mainly in the communication domain, were also prominent, leading to the suspicion of ASD. This case report introduces two rare comorbid conditions in ASD, with forensic implications that can severely impact patients’ lives. The importance of this association especially applies to high-functioning ASD, given the propensity to an unknown diagnosis. A high-level awareness of ASD, especially in forensic psychiatry, is of paramount pertinence regarding the opportunity for early interventions addressing sexual education and social skills training. Autism, high-level, frotteurism, kleptomania, sexual, impulse, forensic, psychiatry, social skills

Research on Identification Standard and Judicial Determination of Destructive Procedure - Based on Technical Specifications and Legal Provisions

With the rapid development of Internet technology, the identification of destructive procedures has a dilemma that the legislative purpose is inconsistent with the practice at the judicial level. The traditional identification is generally based on technical specifications, but the legal positioning of the procedure is often ignored in computer network crimes. In order to establish the identification standard of destructive procedures as soon as possible and reduce the judicial problems caused by the identification of procedures, this paper, based on the computer network crime, through the combination of technical specifications and legal provisions, through in-depth analysis of the computer technical parameters and typical cases of crimes of destructive procedures, expounds the technical level to follow the destructive procedure inspection operation specification, at the legal level to subjective malice and serious harm two aspects of the judgment method. The results of the study revealed that the double identification of destructive procedures through technical specifications and legal provisions is not only more practical than ever, but also saves judicial resources and improves litigation efficiency.

The Impact of Punishment Level and Distribution Ratio on Second Party in Third-Party Punishment Game

The third-party punishment game (TPP) was popular for its enormous influence on real-life judicial problems and the current justice system. After mimicking a third-party game for each participant, the study collected data from the second party and tested the likeableness of the third party and the extent to which the second party punished or rewarded the third party. Most results were calculated by SPSS, and results showed that (i) the second party is more likely to rate a higher level of likeableness and justice for the third party for each level of punishment (ii) if the third party enforces a high level of punishment, the second party is more likely to compensate with a greater amount (iii) if the third party chooses the low level of punishment, the second party is more likely to punish. Overall, the experiment demonstrates how the second parties attitudes to third parties were influenced by the punishment level, the distribution ratio and third parties intervention intentions.

The Need for Reform towards Comprehensive Legislation on Court Annexed ADR in Ethiopia

In spite of various legal reform measures in Ethiopia, delay in the judicial process, predictability and access are still challenges of utmost concern. This article examines whether court annexed ADR can serve as an effective reform measure to lessen these judicial problems. Compared with litigation and private ADR, court annexed ADR‘s institutional merits and procedural advantages –in resolving certain civil suits within reasonable time, less cost and improved fairness– are examined. I argue that settlement of civil disputes through court annexed ADR reduces courts’ caseloads. Such reduction of case load in courts can significantly improve litigation processes and enables courts to resolve other civil suits within reduced time, cost and quality. Moreover, the referral to ADR by courts enables disputants to choose and access dispute resolution methods. However, lack of comprehensive national regulation, inadequate awareness, ineffective administration and execution, are among the potential challenges in the optimal utilization of this dispute resolution tool. It is argued that there is the need for a comprehensive law on court annexed ADR. And subsequently, courts can carefully implement court annexed ADR with the requisite level of competence and diligence to minimize the challenges.

Judicial problems and solutions for observation crimes committed through IT systems

With the development of technology and the introduction of the Internet and information systems in every aspect of our lives, new regulations have been made in our laws, with the anticipation that these systems will gain a dangerous dimension with the use of these systems by individuals for committing crimes. Information crimes are regulated in the Turkish Penal Code No.5237. However, some crimes regulated the Turkish criminal law can be committed by information systems, although they are not regulated separately as cybercrimes. This study aims to deal with the issue of obscenity crime, which is one of these types of crime and is of great importance since its definition may change over time, and it is commonly committed through information systems. This study will focus on the most common situations we encounter in practice in terms of obscenity crime. The researcher makes explanations with the Supreme Court Decisions by addressing the problems that arise in terms of Criminal Procedure Law. Keywords: Cybercrime, eroticism, informatics, information technology, obscenity, pornography;

토지수용에 관한 법적 쟁점의 해결방안

Article 23 (3) of the Constitution provides for the guarantee of property rights, while stipulating that property rights can be restricted based on law on the premise of payment of legitimate compensation if there is a public need. The judicial problems related to land expropriation are as follows. First, land expropriation contains legal issues regarding landowners and related persons who have interests in the land. In particular, the legal status of a person with a security right with respect to the expropriated land and a buyer with a claim for bond registration on the land is a problem. Second, if landowners receive expropriation compensation instead of losing their ownership through land expropriation, they sometimes deposit expropriation compensation on behalf of the land, so the mortgage holders acquire the right to property compensation, and the bond claimants who purchased the land acquire the right to claim. This is a matter of legal interpretation and at the same time is linked to the guarantee of property rights of landowners and interested parties. Third, there is a significant possibility that there will be a legal dispute or not consultation on the appropriate theory of compensation for loss between the landowner and the project operator who are deprived of property rights in the process of land expropriation for actual public projects. There is an opinion that public collection can be a serious infringement on private property rights in that property rights such as land of others are acquired for public interest and other welfare purposes. The main purpose of this paper is to derive public and judicial problems related to land expropriation and to find solutions to the extent possible. In particular, it is necessary to clarify whether the protection of the property rights of landowners who lose their ownership due to land expropriation can be protected in a way other than the payment of compensation for expropriation. In other words, by deriving an appropriate legal remedy for private ownership infringed by public utilities, we intend to find the right balance between public interest and private interest.

THE FRAUD OF BANKING REVIEW IN LEGAL PERSPECTIVE

The fraud is one of the things that can be done by someone, from the mild to the most severe level of cheating. Fraud is one of the acts of fraud and fraud committed by certain groups in obtaining personal gain and of course having a fairly large level of loss. This research aims to explain the ideas and theories and characteristics of perpetrators of fraud, how to resolve the law that must be enforced in order to face judicial problems and risks for perpetrators and ways and strategies to overcome fraud that occurs within the scope of banking. This study used a method in literature and library research, namely analysis in the form of discussions related to legal ideas, theories and the occurrence of fraud in the banking law perspective so that conclusions can then be drawn in understanding the extent to which actions based on fraud perpetrators can harm themselves or loss to another person/party. Losses caused by fraud are very large losses and can be widespread in the scope of banking. In addition, the bank really avoids all forms of loss, one of which is reputation risk which greatly affects the quality of the bank because it can give a bad image and influence to the wider community due to cases of fraud or fraud. The fraud prevention strategy is in the form of a systematic form that exists in controlling fraud, in this case management is required to mobilize productivity and quality resources so that the strategy in controlling prevention can continue and provide useful effects in reducing fraud cases.

Judicial ethics, its subject and essence

The article analyzes the problems of judicial ethics as a science of the application of moral norms, morality in the specific conditions of judges, prosecutors, investigators and lawyers, the imple-mentation of moral principles and requirements in the investigation and resolution of criminal cases, critically assesses opinions on the allocation of “professional morality” and specific moral norms for lawyers. The author proposes to divide judicial ethics into General and Special parts; the first covers gen-eral theoretical questions about the nature of this science, methods of investigating judicial and ethical problems, etc.; the second - ethical issues of the activities of the main subjects of criminal proceedings: judges, prosecutors, investigators, lawyers. At the same time, two sets of issues are integrated into the subject of judicial ethics: the moral foundations of procedural norms and the moral ways of their application in the investigation and resolution of criminal cases.

The Problems of Qualifying an Act as a Cartel Agreement Prohibited by the Antimonopoly Legislation

The article is devoted to the definition of the main approaches to the qualification of an act as a cartel agreement prohibited by the antimonopoly legislation. On the example of materials of administrative and judicial practice, topical issues and problems of determining wrongfulness in acts qualified as cartel agreements, the validity of such qualification from the position of goals, principles, and systematic interpretation of the provisions of antimonopoly law are considered.

ДАВЛАТ ВА ҲУҚУҚ: ТАРИХИЙ-ҲУҚУҚИЙ ТАЪЛИМОТЛАР ТАҲЛИЛИ

In this article, the author covers the issues of the history of state and law in Uzbekistan from ancient times to the present day. The scientific heritage of our great scientists has been revealed. The historical and theoretical aspects of the development of state and law on the territory of Uzbekistan are analyzed, as well as issues of human rights, judicial and legislative problems in the history ofdevelopment. This approach to this issue will serve as additional material to previously published works in international scientific circles.

Judicial Legislations and the Tribal Claims System in the Royal Period: A Documentary Study

The present research tackles a number of historical facts and incidents with a purely legal dimension in an important stage in the contemporary history of Iraq, especially the era of the British occupation. This resulted in innumerable social, political and legal problems, particularily the judicial legislation problems in Iraq. These legislations included a set of civil laws and in force governmental procedures that will be discussed historically by examining documents issued by the Ministries of Justice and Interior Affairs in the governments of monarchy for the period from 1921-to-1958. The data of the present paper relied on the Iraqi Library and Archives, (hence DKW). The study adopted the narrative historical methodology when investigating the judicial legislations in the royal era from 1921-to-1958. The scale adopted was the contemporary measurement and evaluation in the Iraqi contemporary history. Finally, the results revealed that the history of the penal procedures in the royal era was those multiple attempts to reconcile between the two types of penal procedures that represent the history of the relationship between the individual and the state. Such legislations were set according to the circumstances of each country and to the level of its intellectual, social, political and human development to serve primarily the interests of the British occupation, and fulfill the desires of the influential class in the royal era. Because these legislations and laws were not based on modern scientific theories, many people were wronged, including the judicial authority and legal clerks who complained from their implementation and their continual application on Iraq for all this period.

ДАВЛАТ ВА ҲУҚУҚ: ТАРИХИЙ-ҲУҚУҚИЙ ТАЪЛИМОТЛАР ТАҲЛИЛИ

The article analyzes the history of state and law in Uzbekistan from ancient times to the present day. The scientific heritage of our great scientists has been revealed. The historical and theoretical aspects of the development of state and law on the territory of Uzbekistan are analyzed,as well as issues of human rights, judicial and legislative problems in the history of development. Attention was paid to the State Program of 2021 on youth support and improvement of legislation.Key words:history, state, law, duty, justice, humanity, youth, reforms

СУДЕБНАЯ И ВНЕСУДЕБНАЯ ЗАЩИТА В КОНТЕКСТЕ МНОГОУРОВНЕВОГО АДМИНИСТРАТИВНОГО ПРОСТРАНСТВА ЕВРОПЕЙСКОГО СОЮЗА

The review is based on the publications of a series of articles in a special issue of the German Law Journal (German law journal. 2021. Vol. 22, N 3). It examines the complex of judicial and non-judicial problems that arise in the complex multi-level administrative structure of the EU. The main focus is on mechanisms of horizontal and vertical administrative cooperation, as well as new regulatory models that «generate» transnational administrative acts and mutual recognition systems, as well as multi-level inspection activities carried out to ensure compliance with EU legislation.

Jury Trials in the Russian Judicial System, Legal Features and Problems

The article is devoted to the concept of jury trial in the Russian Federation as an integral part of the judicial system, which is associated with the process of justice. In addition, the article discusses the features of dependence and independence of court assessors in the process of justice.

Forensic examination as a source of evidence in a separate proceedings

Modern judicial practice indicates how important, in the quality of cases, is forensic examination, which with its special methods, tools and techniques contributes to the solution of judicial problems. An expert opinion plays a significant role in the process of proving in separate proceedings, when the question of the obligatory application of special knowledge arises. The article deals with study of forensic science as a source of evidence in a particular proceeding, as well as highlighting the clear difference between individual and other types of proceedings in civil proceedings, forming an opinion on the active role of the court in resolving cases in a particular proceeding. on the problem of interpretation by courts of norms of the national legislation at application of such means of proof as the expert’s conclusion. Analysis of scholars’ opinions, national case law, ECtHR documents, current legislation and regu-lations governing the appointment of forensic examination, shows that, in addition to the general rules of the institution of evidence and proof, in cases of separate proceedings, the court may take into account all by law means of proof. The expert's opinion is admissible, sufficient, reliable and categorical evidence in cases concerning changes in the legal status of individuals; establishing facts that are legally significant for the realization of rights and interests in family and other legal relations (for example, establishing the zygote of twins as a result of merging male and female gametes, establishing kinship (kinship) through molecular genetic examination).

우리나라 공공조달계약의 문제점과 개선방안에 관한 연구

Public procurement contracts refer to contracts concluded in the process of procuring goods, construction, and services required by administrative entities. Typical laws that regulate it include the “Act on Contracts to Which the State Is a Party” and the “Act on Contracts to Which a Local Government Is a Party.” This study discussed the legal issues and proposed alternatives in that point of view as follows. First of all, the current sanctions system for illegal party owners' participation in bidding is being used to impose sanctions on illegal party owners, a public system, despite the fact that the reasons are too wide and simple judicial problems. Therefore, it is necessary to review the reasons for imposing sanctions on fraudulent parties stipulated in the relevant laws once again to clearly distinguish the reasons for truly restricting their eligibility to participate in the bidding, and to improve the system to prevent excessive infringement of their rights to the other parties. Disputes related to public procurement contracts and legal remedies can be divided into disputes at the bidding stage and disputes at the implementation stage after the conclusion of the contract, and disputes at the bidding stage are mostly related to the decision of the winning bidder. In the case of disputes in the performance stage of a contract, there is not much difference in functionality and efficiency compared to civil litigation, even by administrative litigation as a means of legal relief. However, understanding the legal nature of the successful bidder's decision as a disposition in the dispute at the bidding stage will enable more efficient rights relief in that it will be subject to an appeal and emphasize the objective function of expanding the scope of the plaintiff's qualification and restoring the legal order. Finally, the long-term continuous construction contract has a clear advantage in that it is possible to secure and execute flexible budgets considering the budget situation for each fiscal year. Despite these advantages, however, there are many cases in which the contract is discontinued due to the counterparty's non-responsibility in the course of performing the contract. This resulted in additional overhead costs resulting from the extension of the construction period, which eventually resulted in a dispute over the payment of overhead. Above all, it is unreasonable that the construction contract amount is not adjusted even though the extension of the construction period is not an incentive to the other party. Therefore, if additional overhead occurs due to non-responsibility reasons of the other party in a long-term construction contract, the ordering agency will need to pay additional overhead to protect the other party's interests, enhance credibility in contracts with the state and local governments, and prevent small and medium- sized companies from defaulting on wages and deteriorating management. One solution to this is the activation of the continuing cost system. In addition, it is also urgent to establish a legal basis for the ordering agency to pay additional overhead if an extension of the construction period occurs despite the fact that the other party is not a legislative liability.

The physician's suicide: study of an Italian sample

The main objective of the present study is to examine a number of suicides among Italian doctors. We further compared data from our sample with those of suicide in the general population and in the literature, in order to detect any differences that can provide preventive recommendations. This is a retrospective study of 60 suicides committed by doctors from 2009 to 2019, in Italy. The sample was constituted mainly by men (77%, 46 cases) aged between 50 and 69 years (70%, n=42). Most of the suicides took place in Northern Italy (50%, n=30). Among known medical specialization, 26% (n=14) concerned general practitioners, the remaining 74% (n=39) were specialized doctors, with a prevalence of anesthetists (9%, n=5), haematologists (8 %, n=4), pediatricians (6%, n=3), psychiatrists (6%, n=3) and oncologists (6%, n=3). Regarding the suicide method, the most used was precipitation (30%, n=16), followed by poisoning/overdose (24%, n=13), firearm (19%, n=10), suffocation/hanging (19%, n=10) and self-induced injuries (8%, n=4)). The most frequent place of suicide is in 35 cases was at home (59%), followed by the hospital (18%; n=11), or others (23%; n=14). When possible, any reported risk factors and predisposing conditions for suicide were studied, and divided into five categories: depression/psychiatric pathology (28%, n=16); other organic disease (8%, n=5); work-related problems (stress, burn-out, mobbing, work-related judicial problems) (20%, n=12); judicial problems unrelated to the medical profession (8%, n=5); family and relationship problems (12%, n=7). The risk factors for suicide in our sample of doctors overlap with data from literature for doctors in western countries. Clinical recommendations and prevention strategies for suicide risk are therefore similar.

CUT OF INCOME AND PENSION OF WIDOWS AND ORPANS WHO LIVING TOGETHER WITH FORMER SPOUSE

2008 yılında yürürlüğe giren 5510 sayılı Kanun ile birlikte, sosyal güvenlik hukukumuzda önemli değişiklikler olmuştur. Bu değişikliklerden biri de gelir ve aylık bağlanmayacak hallerin düzenlendiği 56. maddede yer almaktadır. Buna göre, boşandığı eşiyle fiilen birlikte yaşayan eş ve çocuklara bağlanmış olan gelir ve aylıklar kesilir ve kendilerine önceden yapılan ödemeler ise geri alınır. 5510 sayılı Kanun'un 56. maddesinin son fıkrasındaki bu hükmün bir diğer yasal dayanağı, Türk Medeni Kanun'un 2. maddesinde yer alan hakkın kötüye kullanılması yasağıdır. Ancak anılan bu kanun hükmüne dayanarak Sosyal Güvenlik Kurumu müfettişleri tarafından yapılan incelemeler sonucu gelir ve aylıkların kesilmesinde bir takım sorunlar ortaya çıkmaktadır. Her şeyden önce 56. maddenin, özel ve aile yaşamının gizliliği ve eşitlik ilkeleri dikkate alınarak titizlikle incelenmelidir. Bunun yanında, Kurum müfettişleri tarafından yapılan denetimlerin ve hazırlanan sonuç raporlarının da bazı esaslara uygun olması, birlikte yaşamanın somut delillerle ispatlanması gerekir. Konu hakkında Yargıtay kararları incelendiğinde de, bazı sorunların var olduğu görülmektedir. Bu amaçla çalışmada; konu hakkındaki çeşitli sorunlar ele alınmış, eleştiriler ve çözüm önerileri sunulmuştur.

An Analysis of Injustice as Dimension of Poverty in the Pakistan’s Perspective

Pakistan's Vision 2025 demonstrates to improve the economic growth and eradicate poverty. It is observed from literature that poverty has different dimensions, it cannot be limited to monetary deprivation but it should have extended to all its possible dimensions. In order to eradicate the poverty, it should be clearly defined in all aspects. In literature poverty is pronounced as multi-dimensional phenomenon, and also measured in different dimensions like health, education, living standard, and social and political aspects. In presence and discussion of these poverty dimensions, there is one important dimension of poverty which is commonly perceived but not yet discussed in literature. This missing aspect of poverty is lack of justice or injustice in society, this concept is so important that it is the root cause of all other problems. The objective of this research is highlight the judicial statistics in Pakistan, and to suggest that injustice also is dimension of poverty. For the comparison and elaborate the need of focusing on judicial problems, the secondary data obtained from the survey of more than 46000 people in 45 countries. It is observed that 80 to 89 percent of peoples involved in judicial process belong to top five countries; Pakistan is at second position among the selected 45 countries. Statistics show that 85% people in Pakistan involved in litigation process, this is alarming position in current scenario, and require much attention from policy makers and Government toward judicial sector. Public trust on Government institution shows the trust of people on their government, but this indicator is also poor in Pakistan, only 14 percent people use government institutes as 3 rd party in their disputes resolution. Justice should be quick in society, Pakistan is lowest in this ranking, and 67% of registered complaints are under litigation process. Here the underpinning question has been answered that either the injustice is the cause of poverty or poverty creates injustice. So it is concluded that to eliminate the poverty, it is prior condition to define the poverty in all its dimensions, access to justice is the fundamental right of people living in society, and is also the root cause of many other problems, so it should be included as the part of poverty when to define the poverty. A problem can only be solved, when it is defined in proper and complete essence. Keywords: Poverty, Multi-Dimensional, Access to Justice DOI : 10.7176/JPID/51-02 Publication date: November 30 th 2019