Judicial Process Research Articles

Evaluation of the accused’s testimony in the court of first instance

The study is devoted to the scientific analysis of the evaluation of the testimony of the accused in criminal proceedings in the court of first instance, on the basis of which relevant proposals are formulated aimed at improving the quality of the court’s activity at this stage of the criminal process. In order to find out the subjects authorized to carry out the assessment of evidence in a judicial criminal process, such categories as «assessment of evidence», «activity of the court in the examination of evidence», «competitiveness» were studied and analyzed. The main requirements for the court’s activity in evaluating the testimony of the accused have been defined: compliance with the procedural requirements for obtaining testimony; absence of significant contradictions in testimony; objective confirmation of testimony by other evidence in the proceedings and others. It is emphasized that the testimony of an accomplice should not be the only evidence or be of decisive importance for the decision of the criminal proceedings on the merits. They should be subject to a more thorough verification of credibility, confirmed by the totality of evidence and used as evidence of the guilt of the person giving the testimony. Arguments are given that in order to maintain the necessary balance between the rights of the accused and the accomplice testifying against him, it is necessary to consider the accomplice as a witness when following the procedure of his interrogation in this status, that is, to warn him of criminal liability for giving knowingly false statements and for refusing to give statements.

SPECIALIZED FAMILY COURTS REPUBLIC OF KAZAKHSTAN

The experience of creating in Kazakhstan its own model of family courts is described and the results of the implementation of pilot projects of the Supreme Court of the Republic of Kazakhstan on the introduction of judicial, pre-trial, out-of-court procedures for the settlement of cases and disputes arising from family, marital, parental, housing, household legal relations are analyzed. The relevance of the topic is predetermined by the ongoing course of development of the judicial system and judicial proceedings of the Republic of Kazakhstan in accordance with the principle of specialization of courts and judges. This topic is actualized in the conditions of increasing the competitiveness of Kazakhstan and becoming its highly developed country. On the way to achieving such an ambitious goal, it is of fundamental importance to improve the social and demographic situation within the country, reduce the level of social tension and conflict among the population, strengthen family values among young people, establish gender equality, as well as create a friendly society for children. The implementation of these measures, on the one hand, contributes to the improvement of the level of legal culture of the population within the country, and on the other hand, contributes to the improvement of Kazakhstan's indicators outside the country, for example, in popular international rankings on the global competitiveness of the countries of the world, the rule of law index and the level of happiness. And today, in the conditions of building a New Fair Kazakhstan, judicial specialization within the courts of general jurisdiction as a judicial, judicial, judicial-status principle is particularly relevant in ensuring the rule of law and the rule of law based on it in various spheres of legal relations, including marriage, family and housing. The study revealed the particularly significant role and important place of specialized family courts in improving the social and demographic characteristics of the population. The scientific works of scientists and the regulatory legal framework for the organization and functioning of family courts, empirical data on their activities have been studied. At the end of the work, brief conclusions are given, arguing arguments about the relevance, viability, and justification of the family courts of the Republic of Kazakhstan.

Historical development of the institute of special court proceedings in Ukraine (in absentia)

Judicial consideration of criminal proceedings without the participation of the accused (in absentia) is a fairly common thing in various legal systems and has deep historical roots, which are connected with local political events, culture and traditions. Thus, criminal proceedings in the absence of a suspect or accused are used in the legislation of the Netherlands, Spain, Italy, France, Switzerland, Denmark, Estonia, Moldova, and other countries.
 However, regardless of different approaches to the application of such a mechanism of judicial proceedings, appeals to the European Court of Human Rights regarding the procedure for sentencing a person in absentia are not so rare.
 In connection with this, questions often arise regarding the justness of the judicial process during absentee proceedings, since in such cases the accused is not present at the court session, which practically makes it difficult to observe his rights and freedoms.
 The article analyzes the historical development of the institution of special criminal proceedings on the territory of Ukraine, since the formation of any modern legal system depends on historical and political changes in the country. The analysis of various historical legal documents will help to understand the reasons and conditions for the formation of the law enforcement technique in the criminal process during the consideration of the case without the participation of the accused in court (in absentia), the attitude to such type of procedure, as well as the protection of the rights of the parties during the use of special criminal proceedings.
 The article examines the peculiarities of the emergence of such a mechanism as special court proceedings in Ukraine, the introduction of the “in absentia” institution, its peculiarities and the purpose of its functioning.

Коммуникативные тактики и стратегии в бракоразводных процессах: юрислингвистический аспект

The article investigates the relationship between communicative motives and the process of divorce from a jurislinguistic perspective. The article examines how communicative factors influence the decision to dissolve a marriage. 
 The aim of the article is to identify the primary communicative motives that lead to the dissolution of marriage and to understand their interaction with the legal aspects of the divorce process. Exploring these interactions can help improve communication in such situations, as well as increase the effectiveness of legal interventions related to marital dissolution.
 Methodology, methods and techniques. The article applies discursive, lexico-semantic, contextual method of analyzing communicative tactics and strategies. The legal-linguistic analysis of divorce discourse implies the use of argumentation methodology, methodology of cognitive interpretation of legal text and discourse, methodology of analyzing the formal and semantic structure of linguistic elements and text-forming categories.
 Results. In the process of jurislinguistic analysis we have identified the primary and auxiliary strategies and tactics in divorce proceedings. The primary strategy of judicial communication is persuasion as the most significant strategy in terms of motives and goals, since it is the court that decides the outcome of the dispute in divorce proceedings. Auxiliary strategies are: deconstruction strategy, strategy of interpreting reality, emotionally attuning strategy, rhetorical strategy, dialog strategy and others. 
 Communicative-psychological motives for the dissolution of marriage can be the loss of interest of spouses (communicative conflicts, misunderstanding, indifference, aggression), infidelity, beatings, lack of care for joint children and many others. We consider it necessary to develop a special jurislinguistic methodology, using the communicative-discursive potential, which would declare a strict mechanism for taking into account the motives of action of all parties and would implement an algorithm of correlating communicative tactics and strategies in order to successfully reconcile the parties.
 The scientific novelty of the study consists in addressing the jurislinguistic discourse of divorce proceedings in order to identify communicative tactics and strategies as a basis for the development of jurislinguistic methodology that uses the communicative and discursive potential.
 The practical significance of the study lies in the use of the primary findings to create a communicative toolkit that improves the results of the judicial process.

PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS INITIATED IN CONNECTION WITH CRIMINAL OFFENCES COMMITTED BY MINORS: THE IMPACT OF REASONABLE ALLOCATION ON THE ECONOMIC SYSTEM OF THE COUNTRY

The purpose of the article is to reveal the essence and content of procedural costs in criminal proceedings initiated upon the fact of criminal offences committed by minors; to define the concept, essence and content of procedural costs in the current criminal procedural legislation of Ukraine; to study the problems of criminal proceedings and judicial proceedings in relation to minors; to consider the principle of procedural economy in criminal proceedings. A scientific discussion of the problem of unification of the provisions of the criminal and criminal procedural legislation of Ukraine with a view to ensuring a full pre-trial investigation, trial proceedings and determination of appropriate types of punishment for minor offenders has been presented. The concept of procedural costs in criminal proceedings in Ukraine was improved and methods of their implementation through the provisions of the national criminal procedural legislation were determined. The authors' understanding of the main distinguishing features of procedural costs is presented. The practice and legal positions of the Supreme Court regarding the limits and methods of covering the costs of proceedings have been considered. It has been established that the principle of procedural economy in the criminal justice system has been implemented by ensuring the smooth functioning of all court instances and the up-to-date comprehensive normalisation of investigative situations that may arise in the pre-trial investigation process and the selection of full investigative (research) and covert investigative (research) actions, with the aim of avoiding cases of repeated procedural measures to ensure the proper course of evidence. Results. It has been established that the procedural expenses in the criminal proceedings of Ukraine should be understood as the material damage provided by the criminal procedural legislation of Ukraine, caused by ensuring the needs of the pre-trial investigation and court proceedings, in particular, related to the process of evidence and realisation of rights, freedoms and legitimate interests of the parties and other participants in the criminal proceedings. The essence and meaning of the procedural costs are realised through the prism of the provisions of the Criminal Procedure Code of Ukraine (in particular, Article 124, which regulates the peculiarities of the distribution of the procedural costs), which ensure the protection of the state and the persons who have been the victims of a criminal offence from possible material losses that may arise in the course of conducting pre-trial investigation and trial. The main distinguishing feature inherent in the content of procedural costs is the form in which the decision to recover them is made – a court verdict or a court ruling. It has been proved that in modern conditions, in the context of criminal proceedings against minors, the following issues remain to be solved as a matter of urgency 1) improvement of the norms of criminal procedural legislation in the part of criminal proceedings against minors under the conditions of the special legal regime of martial law; 2) improvement of the personnel provision of the judicial system with regard to the selection of candidates for the position of a judge who conducts judicial review of cases of minors; 3) improvement of the procedure for carrying out investigative (search) actions in criminal proceedings initiated due to the fact of commission of a criminal offence by minors; 4) establishment of international cooperation in the pre-trial investigation of transnational criminal offences committed in complicity with minors. It was concluded that, in order to maintain the economic cycle, it is necessary to ensure a balance between the procedural costs within the framework of criminal proceedings and court costs for legal proceedings and the funds that go to the state budget. This includes, in particular, the establishment of a mechanism for compensating persons who have committed criminal offences and the normalisation of types of punishment with an emphasis on material punishment. Special attention should also be paid to improving the work of the courts of first instance in order to avoid cases being reviewed in the courts of appeal and cassation.

Analysis of The Judge's Decision Regarding the Blasphemy’s Cases

The background to this research arises from the complexity and significance of religious blasphemy cases which are increasingly developing in Indonesia. This phenomenon not only creates commotion in the social realm, but also raises serious challenges in the legal and judicial context. The increasing cases’ number of religious blasphemy indicates a significant development in the diversity of opinion and expression in society. However, behind this diversity, there is an unclear legal boundary regarding religious blasphemy which often causes uncertainty in determining guilt and determining proportional punishment, even though it is actually regulated in the Information and Electronic Transactions Law. The role of media and social media is an important factor that increasingly complicates the dynamics of religious blasphemy cases, its coverage and discussions on online platforms can play a significant role in shaping public opinion and influencing the course of the judicial process. The impact is not only limited to the national level, but can create a domino effect in a global context. Meanwhile, judicial independence is often in the spotlight, because pressure and influence from various parties can influence judges' decisions. Therefore, this research was conducted to provide an in-depth understanding of these aspects. Analysis of the judge's decision in the religious blasphemy case carried out by Lina Mukherjee on social media is important for dissecting the legal and social dynamics involved, as well as providing a basis for recommendations for improvements in the justice system in order to achieve balanced justice and protected human rights.

Judicial protection of civil rights and legally protected interests in Ukraine

The article examines the concept of the right to judicial protection of civil rights and interests protected by law as one of the key categories in civil law. The normative-legal regulation of the right to judicial protection by national legislation is analyzed, in particular the consolidation of the concept of judicial protection in the provisions of the Constitution of Ukraine, the Civil Code of Ukraine and the Civil Procedure Code of Ukraine. Judicial protection is considered as one of the jurisdictional forms of civil protection. An important place in the system of judicial protection of civil rights and legally protected interests is occupied by the methods used in the judicial process and which ensure the effective resolution of civil cases. During the characterization of the list of protection methods established in the Civil Code, it was emphasized that the system of judicial protection methods is much broader, unlike other jurisdictional forms of protection. In the course of the characterization of judicial protection of the rights and interests of subjects of civil legal relations, the advantages of this form of protection were highlighted, including the presence of state guarantees that meet the standards of international law. However, at the current stage of the development of the civil justice system, the practical application of material and procedural norms related to the process of preparing and justifying the submission of an application to the court, the conduct of a judicial process, a number of shortcomings are observed, in particular, caused by the introduction of martial law in Ukraine, and which require the introduction of legislative changes for their solution. In the study, special attention was focused on trends in improving the quality of judicial protection of civil rights and interests. Within the framework of the implementation of the course of Ukraine's integration into the European Union, an important condition is the implementation of international standards and norms in the sphere of justice in the state. It is also noted that the improvement of the system of judicial protection of civil rights and interests is carried out depending on the successful implementation of the judicial reform, which is a large-scale complex of state measures aimed at building a modern, efficient and independent judicial branch of government in Ukraine.

Justice under the Rule of Law as an Object of Knowledge of Domestic Jurisprudence

The judiciary plays an important role in a democratic, law-based state. The independent judiciary is responsible for handling cases, resolving conflicts and evaluating the compliance of laws with the constitution, and also guarantees human rights and freedoms by controlling the legality of actions of other branches of state power. And this factor determines the relevance of research. The existence and effective functioning of the judiciary and the rule of law are key aspects of any modern democracy.
 The purpose of the article is to cover justice under the rule of law as an object of knowledge in domestic jurisprudence.
 It is proposed to classify scientific sources, covering certain aspects of the administration of justice under the rule of law, into three groups.
 The first group of such sources consists of scientific papers, the subject of which is the organization and functioning of judicial authorities. The papers of this group clear up the provisions characterizing the court and justice: the organizational structure of the judicial system; appointment procedures and requirements for the qualification of judges; mechanisms of interaction with other branches of power; judicial process and guarantees of citizens' rights; effectiveness and reforms of the judicial system, etc.
 The second group of sources consists of scientific papers, the subject of research of which is the rule of law. The requirements of the rule of law to a large extent concern the judiciary and fair justice determining the isolation of this group of sources.
 Researches in this field help to understand how the rule of law affects judiciary, the role of the judicial system in providing it, and how this principle contributes to stability, justice, and abidance by law in society.
 The third group of sources consists of scientific papers, the subject of study of which is the determination of directions for improving the activities of the judiciary under the rule of law. These studies can serve as a basis for developing strategies for reforms and improvements in the judicial system with the aim of bringing it closer to high standards of the rule of law and meeting the exigencies of society.
 It is summarized that numerous scientific studies of the problems of the judiciary and the rule of law lay a solid foundation for the further development of the relevant provisions in order to strengthen the effectiveness of the judiciary. However, the indicated problems require systematic study, taking into account the need to improve social standards.

Comparative-Legal Analysis of Judgment in Pilot Cases and Judicial Precedent

In the article, the legal nature and main features of the institution of model cases are analyzed from a theoretical point of view, in particular the decision in a model case, the main characteristics of the judicial precedent are studied in the doctrinal definition and their comparison is made. A comparative legal analysis of decisions in exemplary cases and court precedent was carried out, which boils down to the following: both are the result of the activity of the court of the highest instance; is the result of solving a specific case; the principle of effect of the decision in the exemplary case is vertical (decisions of courts of higher jurisdiction are universally binding for courts of lower jurisdiction when deciding similar cases), and the principle of effect of court precedent is vertical (must be applied in the ratio decidendi part by lower instances) and horizontal (must be applied by the same court or another court of the same level when deciding "similar" cases; both have a generally binding character when considering the next case, which concerns similar or sufficiently close issues (circumstances of the case); legal conclusions of decisions in exemplary cases and rules of court precedents are directed to judges, who are obliged to implement them, and also for law enforcement by other subjects; however, the decision in an exemplary case is made on the basis of a submission for consideration of one of the typical cases, and a court precedent arises during the consideration of a specific case; the decision in the exemplary case is binding in its entirety and must contain the circumstances clearly defined in the.current legislation, and precedent decisions are binding not in their entirety, but only in part of the ratio decidendi, and the rest of the precedent decision, in particular, legal ones positions formulated by the court "inter alia" ("obiter dictum") are not binding.
 The fact that the effect of decisions in exemplary cases, although it has the features of a precedent, is different from it, and this proves that effective changes are taking place in the judicial process

Navigating the Medical Disability Assessment and Personal Injury Claims Landscape in Malaysia

Introduction Individuals who have sustained permanent residual disabilities due to injuries or illnesses and relevant stakeholders engaged in the adjudication process persistently encounter obstacles in accessing equitable and just systems for assessment, support, and facilitation. These systems enable such individuals to secure appropriate compensation and lead fulfilling lives within their communities. Objective This stakeholder engagement process explores the lived experiences of individuals with disabilities and their journey through the claims processes, understanding their concerns and expectations. Results A total of 152 participants participated in the seminar. Thirty-nine participants with extensive experience in medical disability assessment and the claims process were purposefully surveyed, and in-depth interviews were conducted. Several themes emerged from the interview: awareness and education, the legal and judicial system and processes, expert opinion, and reports. Conclusion The findings concluded that expert opinion and report emerged as a critical theme, with participants stressing the need for guidelines, professionalism, and accreditation for expert witnesses. Establishing a multidisciplinary regulatory body to design and develop an educational program for court experts is suggested, as is creating and maintaining a public register of court experts. Such measures will promote transparency, accountability, and quality in expert testimony and reporting

Liberty and Order: Legal Interests in China's Domestic Crime Legislation and Amendment

The family is an independent community, in which members have closer life ties and deeper subjective emotions than ordinary social members. The diversity of the internal relationships within the family and the different expressions of family ethics determine the pluralistic normative construction of criminal law when it intervenes in the family. However, with the transformation of the social structure, the function of the family has gradually declined. The traditional Chinese society's "family-oriented" ideology has fallen behind, and the past value judgment of "emphasizing order and disregarding freedom" does not conform to the social values of the people. Firstly, in terms of the configuration of penalties, the statutory penalties for domestic crimes are lighter than those for similar crimes, which conflicts with the increasing sense of equality, rights, and modern family concepts in society. Secondly, in the judicial practice process, the judicial organs ignore unfair interest arrangements, attach importance to outdated value judgments, overemphasize departmental interests, and infringe on the legitimate rights and interests of vulnerable groups. These behaviors all go against the values of ordinary people. This article takes the crimes of purchasing trafficked women and child abuse in traditional Chinese family crimes as examples, combined with current social trends and the transformation of traditional family values and order. Based on the unique and complex features of the protected legal interests in family crimes, it balances the values of order protection and human rights protection, faces up to the connotation and extension changes of domestic crimes in the new era, and establishes the family law theory of criminal law.

Участие Европейского союза в судебном процессе Европейского суда по правам человека: механизм соответчика

The article examines the features of the application of the co-defendant mechanism, provided by the Agree-ment on the Accession of the European Union to the European Convention on Human Rights of 1950, as the main mechanism for the participation of the European Union in the judicial process of the European Court of Human Rights. The author analyzes the problematic aspects of application of the co-defendant mechanism, as well as the novelties developed by the ad hoc group (46+1) within the framework of the newly opened in 2019 negotiations on the accession of the European Union to the European Convention on Human Rights. The anal-ysis of the revised Agreement on the Accession of the European Union to the European Convention on Human Rights of 1950 demonstrates fundamental changes in the application of the co-defendant mechanism: a mechanism of termination of the co-defendant procedure is introduced, the European Court of Human Rights is obliged to inform the European Union without delay that the case in question involves the application of Eu-ropean Union law, the European Court of Human Rights is deprived of discretionary powers to determine the degree of responsibility of the defendant, and the European Court of Human Rights is deprived of discretionary powers to determine the extent of the defendant’s liability and the extent of the co-defendant’s responsibility. Finally, the author comes to the conclusion that the updated Accession Agreement takes into account all the requirements of the European Union and the Court of Justice of the European Union, which in turn significantly increases the chances of the European Union’s accession to the 1950 European Convention on Human Rights.

НОВЫЕ ПОДХОДЫ К ПРИМЕНЕНИЮ СПЕЦИАЛЬНЫХ ПСИХОЛОГИЧЕСКИХ ЗНАНИЙ ПРИ РАССЛЕДОВАНИИ ПРЕСТУПЛЕНИЙ ПРОТИВ ПОЛОВОЙ НЕПРИКОСНОВЕННОСТИ, СОВЕРШЕННЫХ НЕСОВЕРШЕННОЛЕТНИМИ

The investigation of crimes against sexual integrity committed by minors is often difficult due to the lack of data other than the testimony of the accused and the alleged victim. The accusatory bias found in investigative practice also presents a significant problem in ensuring the objectivity of the investigation. The involvement of a psychologist with special knowledge to participate in investigative actions and judicial proceedings in various forms can optimize the investigative process and make a significant contribution to ensuring the objectivity of the assessment of testimony. In a number of countries, for example in Germany, the involvement of a forensic psychologist in cases of sexual crimes is an established practice that provides the court and the investigation with scientific knowledge about the degree of reliability or unreliability of the testimony of various participants in the criminal process.

On the issue of procedural legal advocation of a civil plaintiff in criminal proceedings: doctrine and practical problems, ways to overcome them

The issue of the procedural status of a civil plaintiff in criminal proceedings and the issue of a person’s right to compensation for damage caused by a criminal offense has always been in the center of attention of lawyers - academics and practicing practitioners. The relevance of the chosen topic and the purpose of the research is due to certain doctrinal and practical gaps in the criminal procedural legislation of Ukraine, as well as contradictions between the norms of criminal procedural law, civil procedural law, and the provisions of inheritance law, which arise in the conditions of criminal proceedings, and are caused by death (or the condition, which makes it impossible to participate) of the injured person, who is a civil plaintiff in a civil claim for damages, at the stage of pre-trial and judicial criminal proceedings. Taking into account the set goal of criminal proceedings, which consists, among other things, in compensating the injured person for the moral and (or) property damage caused to him by a criminal offense, in this article the author not only analyzes individual scientific views and examines the relevant legal norms regulating procedural procedure of criminal legal succession, however, attention is emphasized and own proposals are made to improve the legal mechanism of legal succession of a participant in criminal proceedings, such as a civil plaintiff in a civil claim for damages presented in criminal proceedings. In conducting scientific research, the author used the formal-logical (dogmatic) method in interpreting the normative content of laws and formulating the definitions of individual legal concepts of the research issues, as well as the method of systemic-structural analysis, which contributed to the study of types of legal conflicts and gaps. Based on the results of the scientific research, the author outlined separate doctrinal and practical problems of the studied issue, and outlined the conclusions regarding the need to improve the current version of the Criminal Procedure Code of Ukraine and clarify the procedural rights of the civil plaintiff during procedural succession in criminal proceedings, by adding a new article to the Criminal Procedure Law, and made suggestions to the specified edition.

Methods of protection and discretionary powers in administrative jurisdiction: problems of law enforcement

The article is devoted to the problems of the court’s discretionary powers in selected defenses that do not inform the law and are more effective. The article analyzes the peculiarities of the court going beyond the legal requirements and choosing other methods of protection than those requested by the requester. The purpose of the article is to explain the content and inter- judicial discretion in the context of the principle of the rule of law when deciding on the court’s choice of other ways of protecting rights and interests that are not legally binding and that are more effective.
 The article draws attention to the fact that the actual issue of judicial practice remains the problem of choosing methods of protection other than those requested by the person whose right has been violated. At the same time, it should be noted that the CAS of Ukraine and other legislation do not establish such limits. It is noted that when going beyond the limits of claims and choosing other methods of protection, the court must comply with the principles and international standards of judicial proceedings, the requirements of material and procedural law, the specifics of a specific case, put forward claims and their justification, administrative-legal status and powers of response, position the plaintiff , moral norms and other factors. At the same time, the administrative court must be guided by the principle of the rule of law, proceed from the goals and objectives of administrative proceedings, use judicial practice, reflect the analogy of the law or the analogy of the law. To conclude that the methods of protection of the subjective rights and interests of individuals in administrative proceedings are differentiated in the material- legal (consolidation in the law) and procedural component (judicial discretion). At the same time, applying judicial discretion and making discretionary decisions of the judge, guided by the rule of law, his reasoned choice between alternative types of ways to protect the violated subjective right or interest.

Ensuring Legal Safeguards for Digitalized Social Services within the Framework of Government Decentralization

The purpose of the study is to digitize the social services system in the context of decentralization of power: legal regulation and areas of improvement. Main content. It has been established that new online services are being introduced in Ukraine to enable consumers to receive such services virtually. In our opinion, in the future, these services should simplify the procedure for access to them, taking into account the entities which are primarily interested in using them, and expand the scope of their provision: from informing the consumer to obtaining the result. The society and science development requires the introduction of new technologies into the service system. It has been concluded that the need to use information technologies in judicial proceedings is due to the global informational support of modern society, and development of new interaction forms in the social area using electronic means of communication: the global Internet, mobile and satellite communication systems. The author reveals the essence of "Portal Diia", which is introduced within the framework of the Unified Social Information System of a single electronic document in the social matters, and highlighted the disadvantage of this application: ensuring the protection of personal data, and access to information about the citizen sphere of interests accumulated in computer networks.

Implementation Of Legal And Human Rights Protection For Children And Disabilities

This research explores the legal protection of children and persons with disabilities in Indonesia within the framework of human rights. The study assesses the implementation of Law No. 35 of 2014 concerning child protection and Law No. 8 of 2016 regarding disabilities. The constitutional context, incorporating human rights in the 1945 Constitution, sets the foundation for the protection of citizens' rights and obligations. While child protection laws exist, the increasing violations and challenges faced by children in various aspects of life underscore the need for an effective implementation mechanism. Additionally, the absence of derivative regulations for the Disability Law hampers its optimal enforcement, leading to uncertainties and potential rights violations for persons with disabilities. The study utilizes the Normative Juridical method, relying on secondary data through library research to analyze legal provisions and regulations. The results highlight the broad spectrum of legal protection for children, encompassing human rights, judicial processes, welfare, and protection from exploitation. Conversely, the research identifies shortcomings in the implementation of disability laws, emphasizing the crucial role of derivative regulations in ensuring effective protection for persons with disabilities. The conclusion emphasizes the need for improved government actions, collaboration, and the issuance of derivative regulations to enhance the practical realization of legal protections for both children and persons with disabilities.

The Political Impact of Digitalization on the Judicial Method of Protection of Rights in the EAEU Countries

The article is devoted to the study of the process of digital transformation of the judicial method of protecting rights and legitimate interests in the EAEU countries. The judicial form of protection of rights has undergone fundamental changes as one of the main forms of protection of the rights and legitimate interests of citizens and business entities through the creation of digital platforms, electronic courts and the integration of information and telecommunication technologies into the process of consideration and resolution of disputes. For effective legal regulation of public relations arising under the influence of digital technologies in the course of judicial proceedings, it is necessary to theoretically develop the concept of a new type – “electronic” civil proceedings and improve the current legislation. In world practice, there are already a number of countries and integration associations that have successfully integrated digital and electronic legal proceedings, so some EAEU countries have taken the path of borrowing their positive experience.

The Problems in Implementing the Function of the Integrated Law Enforcement Center (Gakkumdu) as an Election Law Enforcement Institution

The Integrated Law Enforcement Center, hereinafter referred to as Gakkumdu, is the center of law enforcement activities for election crimes consisting of elements. The purpose of establishing Gakkumdu is to encourage the election judicial process to take place quickly and accurately. This research aims to analyze the implementation of the Sentra Gakkumdu function in Lampung Province and the inhibiting factors in the implementation of the Sentra Gakkumdu function in election law enforcement in Lampung Province. The results showed that the implementation of the function of the Sentra Gakkumdu in law enforcement of election criminal offenses by the Sentra Gakkumdu in the elections in Lampung Province was ineffective. This can be seen from the many cases handled; not all of them have been followed up on by the Gakkumdu center. The main problem in implementing the law enforcement function of election crimes by the Gakkumdu center is that there are often differences in legal perceptions among Gakkumdu members in determining whether a violation meets the elements of an election violation.

Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position

The article examines the origins of the modern right to remain silent and not testify against oneself, which was established in legal discussions among English jurists in the sixteenth century and in the practice of English courts in the seventeenth century. The aim of the article is to analyze the conflict between common and civil law jurists in the late sixteenth century regarding the procedure of ex officio oath-taking, that is, taking an oath due to the prosecutor’s official position. The legal context of the 1580s-1590s, when there was a dispute over the activities of the High Commission, is reviewed. The legal texts under consideration demonstrate a struggle between inquisitorial practices and attempts to make the judicial process (including the church) “properly organized.” Special attention is paid to the position of Robert Bill, a clerk of the Privy Council. The author delves into the arguments Bill presents against ex officio oaths. The analysis of the legal debate allows for a broader understanding of several conflicts: the relationship between church and common law in England after the Reformation and the balance of power between authorities and subjects’ rights.