Judicial Statistics Research Articles

FEATURES OF PROVIDING INAPPROPRIATE EXECUTION OF PROFESSIONAL RESPONSIBILITIES BY A MEDICAL WORKER

The article discusses the proof of improper performance of professional duties by a medical worker. It is noted that rare cases of criminal prosecution of medical workers for failure to perform or improper performance of their professional duties, which are reflected in judicial statistics against the background of numerous complaints of victims in health facilities, are caused by the lack of evidence for the prosecution. According to the verdicts, evidence of the commission of these crimes are testimonies, documents and conclusions of examinations. The originals of medical documents are especially important, which, in order to be admissible in proof, should appear on the side of the prosecution in accordance with the law, including the one that regulates medical activities, storage and access to documentation, which may contain information that constitutes medical confidentiality. It is recommended to involve specialists in the field of medicine to participate in procedural actions, as they expertly help the investigator to collect traces of the use of medicines and find out other issues. Commission forensic medical examination in cases of professional activity violations by medical workers is mandatory, as it solves the issue of the presence of defects in their actions. It is noted that the Rules for the Commission of Forensic Medical Examinations, approved by the Ministry of Health of Ukraine in 1995, provide for the possibility of inclusion in the commissions, along with experts, specialists of other specialties, which was allowed by the Criminal Procedure Code of Ukraine in 1960. Since the Criminal Procedure Code of Ukraine of 2012 does not provide such an opportunity, the conclusions obtained by such commissions should not be used in making procedural decisions. To solve this problem, it is proposed to fix in the Code of Criminal Procedure of Ukraine the procedure for attracting to conduct comprehensive and commission forensic examinations necessary to ensure their objectivity and completeness of specialists from among those who are not forensic experts. The proposed changes to the law, as well as the recommended approach of the investigator and the prosecutor to determine the means of evidence will contribute to a better and faster investigation of the non-fulfillment or improper performance of medical duties by medical workers and will strengthen the prosecution’s position in court when considering cases of this category.

Великий прорыв отечественной судебной статистики 1872 года — сессия Международного статистического конгресса в Санкт-Петербурге

Великий прорыв отечественной судебной статистики 1872 года — сессия Международного статистического конгресса в Санкт-Петербурге

FACTORS CONTRIBUTING TO THE INCREASED APPLICABILITY OF THE RULE PROVIDING FOR EXEMPTION FROM CRIMINAL LIABILITY WITH THE IMPOSITION OF A COURT FINE: CRITICAL RESEARCH

The urgent task of the Russian State in combating crime at the current stage is to humanize and liberalize criminal legislation, new and existing rules on exemption from criminal liability are being introduced and improved as part of this policy. One of these new laws was the inclusion in the Criminal Code in 2016 of a provision on exemption from criminal liability with the imposition of a court fine, the four-year practice of which indicates its widespread demand. The purpose of the paper is to identify and analyze the factors that cause a greatly increased applicability of the rule providing for exemption from criminal liability with the imposition of a court fine, their critical research, with respect to sectoral objectives. The study is carried out using a set of methods - general scientific (induction, deduction, analysis, synthesis, systemic and structural method) and specific scientific (formal legal, sociological, statistical). Results: on the basis of the analysis of judicial statistics and emerging judicial practice, the author identifies three main factors of the increased applicability of the rule providing for exemption from criminal liability with the imposition of a court fine, which have a negative impact on the performance of sectoral tasks: 1) inclusion in its scope of persons to whom it cannot be applied in strict accordance with the law; 2) inclusion in its scope of persons who have committed offences for which the policy of increasing criminal liability has been implemented in recent years; 3) inclusion in its scope of persons who have committed crimes whose main or additional target is human life. The author proposes original options for eliminating these factors at the legislative and law enforcement levels.

Conciliatory Justice in Modern Russia

The research studies conciliatory justice in modern Russia. Its formation and peculiarities in the institution of alternative ways of resolving legal conflict on the example of mediation are considered. Various views regarding the mediation definition are analyzed, and the author's vision of this category concept is given. The origins of mediation history abroad and in Russia are studied. The essence and peculiarities of mediation application as an alternative method of economic disputes settlement are characterized. The benefits of using conciliatory procedures in a business environment are revealed. The main aspects of the procedural legislation reform initiated by the Supreme Court of the Russian Federation concerning the change in the legal regulation of conciliatory procedures application in the settlement of legal conflicts are outlined. It is noted that the beginning of procedural reform in Russia with regard to dispute settlement through conciliatory procedures was triggered by the resolution of the plenum of the Supreme Court of the Russian Federation ‘On submission to the State Duma of the Federal Assembly of Russian Federation a federal law draft ‘On amendments to a number of legislative acts of the Russian Federation in connection with conciliatory procedure improvements’ adopted on 18 January 2018 and the resolution of the Government of the Russian Federation. Statistics on the ratio of dismissals agreed, dispute settlement through the mediation procedure, as well as plaintiff-triggered dismissals are provided. Methodology: the study is carried out on the basis of the universal method on scientific study of the social development principles –dialectical materialism provisions, as well as general and specific scientific methods: dogmatic, regulatory legal, legal comparative, fragmented historical and legal, case studies (statistical data and judicial statistics analysis), logical (hypotheses, analogy, modeling, analysis and synthesis methods), philosophic (axiological, derivation methods on the basis of priori and axiomatic provisions), generalization and abstraction methods. Conclusions: To date, entrepreneurs are increasingly using conciliatory procedures when settling disputes. This way of dispute settlement becomes very convenient, businessmen are not in the need to spend their time on litigation, often protracted, but can settle issues more quickly and effectively. Today, conciliatory justice in the Russian Federation is going through the stage of formation and development and in the future is to become a demanded institution of judicial law.

The role of interpretation of law in the mechanism of bridging gaps in law

The article is devoted to the study of the legal nature of the interpretation of law, its features, as well as the role in overcoming gaps in the law. Attention is focused and substantiated that the interpretation of legal norms, being a necessary element of the legal regulation mechanism, plays the important role in the process of overcoming gaps in law. So, by means of various methods of interpretation, in particular, formal gaps are overcome, which, in turn, may arise as a result of an unsuccessful presentation of legal norms by the legislator.
 It is determined that when applying the rule of law by analogy, such a rule in the particular situation should be interpreted not as part of the institution from which it is borrowed, but as part of the institution, the gap in which it is designed to overcome. This is due to the fact that the rule applied by analogy is subject to double influence: on the one hand, it generally retains its original meaning, on the other - partially adapts to the characteristics of the institution in which the gap is overcome through it.
 The role of official interpretation in the process of application of the law in the conditions of gaps in the legislation is clarified, the role of recommendatory explanations provided by higher courts on the issues of application of the legislation is investigated. In Ukraine, these powers, in accordance with the Law of Ukraine "On the Judicial System and the Status of Judges" dated June 02, 2016, are assigned to the Plenum of the Supreme Court, in order to ensure the same application of the rules of law in solving certain categories of cases, generalizes the practice of applying substantive and procedural laws, systematizes and ensures the promulgation legal positions of the Supreme Court, as well as based on the results of the analysis of judicial statistics and generalization of judicial practice, it provides explanations of the recommendatory nature on the application of legislation in solving court cases.
 It is concluded that the importance of the interpretation of law is primarily to ensure full and accurate disclosure of the functions of legal acts as a source and form of existence of legal norms, other substantive elements of the legal system. The interpretation concretizes the law, which allows law enforcement agencies to ensure the resolution of legal cases in strict accordance with the constitutional principles of legal certainty, legality and the rule of law.

ANALYSIS OF THE QUALITY OF THE COURT, PROSECUTOR AND LAWYERSWORK ON THE BASIS OF JUDICIAL STATISTICS: STATEMENT OF THE PROBLEM OF THE NEED TO IMPROVE THE INTERACTION OF THESE ENTITIES

The purpose of this article is to analyse the quality of the court, prosecutor and lawyers work through the prism of the problems of the indictment of the Russian criminal process. The study is conducted on the basis of judicial statistics of justices of the peace and courts of general jurisdiction in the first, appeal and cassation instances. The author comes to the following conclusion about modern criminal justice: 1) there is a low percentage of acquittals; 2) that maintains the stability of judicial acts of lower courts; 3) the court, prosecutor and lawyers work can control the legality of court decisions through procedural mechanisms enshrined in legislative acts. The author concludes that improving the quality of the court, prosecutor’s and lawyers’ work, as well as the level of protection of human and civil rights and freedoms lies in the plane of improving the status-role parameters of the interactions of the main participants in criminal proceedings. These interactions are determined by the circle of their joint activities legal and procedural status. Thus, we need amend existing legislation.

Political justice: Essence, genesis, and evolution

The article deals with the phenomenon of the dependence of the judicial branch from the political authorities, known as “political justice”. Various forms of manifestation of this phenomenon in numerous types of legal proceedings (international, constitutional and criminal) are investigated. In addition to the politicization of justice, the opposite phenomenon is also observed — the judicialization of politics, which means more active listening by politicians to the position of the judiciary and more frequent appeals by politicians to legal means in order to achieve political goals. Indicators of judicial statistics are analyzed, indicative of the presence of an accusatory bias as a sign of politicization of the judiciary sui generis. Referring to specific trials (in particular, on former heads of state, political opponents of the ruling elite and Islamic extremists), different kinds of procedural tricks are used, which the judges resort to in resolving this category of cases. Positive and negative aspects of the interaction of courts with the legislative and executive branches of state power are highlighted. Psychological phenomena in the behavior and consciousness of judges that accompany “political justice”, in particular the so-called “strategic flight phenomenon”, can be analyzed where judges refrain from making decisions on high-profile cases, artificially delaying their consideration. The prevalence of a situation in which two parallel systems coexist peacefully in the structure of the judiciary is ascertained: ordinary courts and various kinds of emergency tribunals and other structures involved in political repressions. Reference is made to the practice of the European Court of Human Rights, in which the latter stated the political motivation of a number of criminal cases previously resolved by the national courts. In particular, a characteristic trick that lawyers resort to under conditions of political justice is to give retroactive force to the law.

Os indicadores sobre o Judiciário brasileiro: limitações, desafios e o uso da tecnologia

Resumo O objetivo deste artigo é avaliar a produção de dados sobre as atividades do Judiciário, verificando suas limitações em termos de confiabilidade e instrumentalidade. Dentro da grande área Direito e Tecnologia, o foco principal dos estudos tem sido o impacto da tecnologia nas profissões jurídicas e nos serviços prestados pelos operadores da Justiça. Este artigo joga luz sobre o uso da tecnologia na gestão das atividades jurisdicionais do Estado, mais especificamente no Poder Judiciário, a fim de propor aspectos a serem incorporados para a transformação das estatísticas judiciais em informações capazes de subsidiar políticas públicas que tenham como finalidade não apenas a gestão judicial, mas, sobretudo, o aperfeiçoamento da prestação jurisdicional.

Динамика коррупционной преступности в Вооруженных силах РФ и некоторые вопросы наказуемости военнослужащих за совершение преступлений коррупционной направленности в 2002–2018 гг. (на материалах Дальнего Востока России)

The paper presents statistical data on the prevalence of corruption and the punishment of military per-sonnel for committing corruption-related crimes using the example of the Far East for the period from 2002 to 2018. Based on a comparison of judicial statistics and the results of the author’s study, an assumption was made of high latency of corruption among military personnel. It was found that since 2008 there has been a decrease in the number of military personnel convicted of corruption crimes in the Far East, which is associated with military reform measures. Correlation of statistics with court mate-rials allowed us to conclude that a significant factor that can reduce the level of corruption in the military environment is the punishability of such a crime. The author identified some trends in the sentencing of military personnel who committed crimes of cor-ruption, for the study period. An analysis of the ac-tually imposed punishment for corruption offenses among military personnel in the Far East of Russia suggests the need to tighten the practice of sen-tencing for corruption crimes committed by military personnel.

The Independence of the Judges in the Governance of the Judicial System

The study is aimed at improving the legal and organizational mechanisms that ensure the implementation of the constitutional principle of the independence of judges and the independence of the judiciary. The category of independence of judges is analyzed through the prism of administrative relations in the judicial system, as well as in relation to the level of political maturity of society. Real subjects, aims and tools of management of judges are identified, as well as gaps in the legislation on the status of judges, creating conditions for limiting their independence. The author substantiates the thesis that the problem of the independence of the judiciary rests not only in the question of the balance between external and internal governance, but in the relationship between the judiciary and society. The research methodology is based on the intersection of legal and management analysis. Its conceptual basis is the so-called management approach in law, the initial premise of which is the assertion of the absence of “pure” legal relations, if their participants are subjects that are elements of organizational systems (courts, law enforcement agencies, etc.). These relationships always deviate to some extent from the ideal goals, as set out in the law, towards the goals dictated by organizational effectiveness. The research is based on the empirical base: the data of judicial statistics, the results of sociological research, the data of the included observation - the author’s experience as a magistrate and Federal judge. The study concludes that the strengthening of the independence of judges can occur only with the joint action of the judicial community and civil society. Specific organizational and legal measures aimed at increasing the independence of judges are proposed.

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

Improving the System of Statistical Accounting of Appeals to the Court at the Initial Stage of Criminal Proceedings in the Digital Era

Based on the results of compilation and analysis of statistical data on consideration of complaints of interested persons by the courts of general jurisdiction, filed pursuant to articles 125 and 125.1 of the code, the author proposes some measures for improving the system of judicial statistics given the active introduction of digital technology in the field of criminal procedural relations. The paper notes the priority role of the court in the implementation of the constitutional right of citizens to access justice and in their protection from illegal actions (inaction) and decisions of bodies and officials carrying out criminal prosecution. To optimize the areas of judicial activities the author suggests broad interpretation of the provisions of part 1 of article 30 of the Criminal Procedural Code of the Russian Federation and the formation of the court composition for consideration of requests submitted with the court at pre-trial stages of the criminal process, with the use of an automated information system. The paper substantiates the necessity of successive integration of the State Automated System of legal statistics with the State Automated System «Pravosudie [Justice]», which will allow users of these systems to track the results of the procedural activities of the preliminary investigation, prosecution and court activities at all stages of criminal proceedings. The author also considers it relevant to reflect in more detail the results of consideration and resolution by the court of citizens’ appeals received at the initial stage of criminal proceedings in the annual analytical reviews prepared by the Judicial Department at the Supreme Court of the Russian Federation based on summary statistical reports of all courts of the Russian Federation.

Современные тренды гражданско-правовой судебной статистики в судах общей юрисдикции Российской Федерации в составе некоторых относительных показателей административного судопроизводства

Современные тренды гражданско-правовой судебной статистики в судах общей юрисдикции Российской Федерации в составе некоторых относительных показателей административного судопроизводства

Reform of Civil Justice in Ukraine: A Differentiation of Action Proceedings and Review of Court Decisions

[full article, abstract in English, abstract in Russian]
 During the reform of 2014–2017 Ukrainian legislation was approved significantly, among them the Constitution, laws, related to judiciary and litigation, enforcement as well. The advocacy reform is last. This has led to the evolutionary renewal of justice in Ukraine, which was positively faced by the international community. This article proposes to consider some components of civil justice reform, which were substantially updated, as well as to analyse their compliance with international and European standards. This refers to (1) a general review of judicial statistics and (2) new approaches to the trial of a court of first instance – order, simplified, general proceedings, criteria for demarcation of civil cases (3), and (4) peculiarities of settling a dispute with the participation of a judge. The conclusions summarize the most progressive results of reforms, as well as make suggestions on further development of the potential of civil justice.

DECISION OF THE EUROPEAN COURT ON HUMAN RIGHTS AS MANDATORY ELEMENT OF JUDICIAL CONTROLIN CRIMINAL PROCEEDING

The purpose of this article is opening of necessity of application of ECHR practice in the decisions of the investigating judge to increase the value of judicial control over the observance of rights, freedoms and interests of individuals in criminal proceedings. The article includes analysis of the current legislation on the definition of judicial review at the pre-trial investigation stage. Judicial control is revealed through the powers of the investigating judge in criminal proceedings. There were examined opinions of scientists in relation to determinations of judicial control and function of investigation judge on the stage of pre-trial investigation. It is possible to draw conclusion from the analysis of the last scientific researches, that expansion of scopes of judicial control in a criminal production, it is a next step to rethink the value of judicial control in criminal proceedings. Decisions taken by the investigating judge should be based on the principles of legality and rule of law. The conclusion about the need to study the application of ECHR investigating judges to strengthen the role of the court at the stage of pre-trial investigation and reduction of procedural errors that can become new ECHR judgments against Ukraine. Judicial statistics and decision of consequence judges content are analysed with the use of practice of ECHR for 2018 and beginning 2019 years. Out of analysis of judicial statistics a conclusion is made that tendency on application of practice of ECHR in 2019 is slowly, but grows. The necessity of wide use of practice of ECHR courts is examined during realization of judicial control in a criminal proceedings. The estimation is given to expansion of the list of proceedings that must be carried out with the permission of the investigating judge. It is analyzed the shortcomings of the application of the ECHR practice courts and disadvantages such as the decision by the investigating judge ruling, not under criminal procedural rules. The practice of the Grand Chamber of the Supreme Court is analysed. It is given the risks of the work of the investigating judge, who can relate to undue interference in the work of law enforcement. It is noted the decision of the ECHR “Volokhi against Ukraine” dated November 2, 2006. It is concluded that the judicial review of the investigative actions should also include the application of the ECHR practice, and application of ECHR in the activities of the investigating judge at the pre-trial investigation stage is a prerequisite for respect for the rule rights in criminal proceedings and the strategic task for Ukraine. Key words: European Court of Human Rights, court control, criminal proceedings.

Two Steps Forward, One Step Back: Chinese State Reactions to Labour Unrest

AbstractWhat impact is the current rise in workplace conflict having on governance in China? This article argues that, over time, protests are driving the state in two directions at once: towards greater repression and greater responsiveness. Using an original dataset of strikes, protests and riots by Chinese workers between 2003 and 2012, along with government budgetary and judicial statistics, the article demonstrates that significant, positive correlations exist at the provincial level between increased unrest on the one hand and both increased spending on the People's Armed Police (repression) and increasing numbers of pro-worker and split decisions in mediation, arbitration and court cases (responsiveness) on the other. Feedback effects exist with regard to responsiveness, though: more cases in which workers win something in turn seem to spur greater unrest. The article closes by noting the changes since Xi Jinping took office and examining the implications of the findings for China's political development.

The Use of Data in Assessing and Designing Insolvency Systems

To date, the use of empirical data in insolvency law analysis has been sporadic. This paper provides a conceptual framework for the use of data to assess the effectiveness and efficiency of insolvency systems. The paper analyzes the existing sources of data on insolvency proceedings, including general insolvency statistics, judicial statistics, statistics of insolvency regulators and other sources, and advocates for the design of special data collection mechanisms and statistics to conduct detailed assessments of insolvency systems and to assist in the design of legal reforms.

Analytical Framework for Judicial Data Collection in Pakistan

The judicial statistics, as collected and represented in annual reports by the Law and Justice Commission of Pakistan (LJCP), require presentation in a more analytical form. The current focus on raw numerical figures merely leads to repetition of an exercise on an annual basis that does not effectively contribute in policymaking for improvement of the legal and judicial system of Pakistan. Analyzing that the court structure in the country is divided into different tiers, a rudimentary framework for presentation of judicial data is proposed for further periodical reporting of judicial statistics. The paper looks at the judicial data and statistics in Pakistan, with a view to reform and improve it. Using qualitative method, various academic reports and papers from different jurisdictions have been consulted in order to suggest a basic framework for presentation of judicial data in Pakistan.

The Unique Features of Cassation Production in the Civil Process of the Russian Federation

The reformation processes in the sphere of legal proceedings in Russia are due to the installation of the legislator to strengthen the unification of civil and arbitration processes and the formation of common principles of differentiation (in particular, the introduction of simplified proceedings in a civil process, mandative proceedings in an arbitration process).The article reveals the content of cassation proceedings in civil proceedings, shows some of the differences of this procedural institution in civil and arbitration proceedings. On the basis of materials of judicial practice, opinions of legal scholars, data of judicial statistics, it was concluded that since 2012 cassation proceedings acquired the features of the former supervisory review proceedings. Attention is drawn to the need to improve the quality of training of judicial personnel.

Building an Effective System of Protection of Citizens’ Rights as the Main Task of Judicial Reform in Russia

The most productive interstate security measure of the violated rights of citizens is their judicial protection realized in the Russian Federation by means of the constitutional, civil, administrative and criminal legal proceedings. In this regard some issues concerning creation of effective system of protection of citizens’ rights are considered as one of the directions of the judicial reform undertaken in the Russian Federation. On the basis of the analysis of judicial statistics it is noted that constitutional justice as the highest form of constitutional control is an effective possibility of protection of constitutional rights and freedoms by citizens themselves. The importance and value of the Constitutional Court of the Russian Federation and the constitutional (authorized) courts of subjects of the Russian Federation in the mechanism of control activity are emphasized. To increase efficiency of protection of human rights, improve the judicial system, strengthen the quality of operation of offices of courts, the authors make suggestions for improvement of the current legislation.