Ministry Of Justice Research Articles

JUDICIAL ANALYSIS OF PROVIDING LEGAL ASSISTANCE TO THE POOR IN REALIZING ACCESS TO JUSTICE

This study focuses on the implementation of free legal services for individuals by the Legal Aid Office (LBS) and the Ministry of Justice, in accordance with Law No. 16 of 2011 on Legal Aid. According to Article 1 paragraph 3 of the Law, the Legal Aid Office is a legal entity or a community organization that provides legal services. The aim of this study is to understand the function and role of the Human Rights Commission as law enforcement officers and to comprehend issues related to the implementation of legal services. The research method employed in this study is normative legal research, utilizing primary and secondary legal sources. Material analysis in this research involves committee work that systematically categorizes legal materials to facilitate the analysis of the research work. The study reveals that the primary authority for legal services lies with LBS/Orkemas, which is authorized to verify and accredit the Human Rights Commission as a legal service provider. Furthermore, the study emphasizes the importance of understanding the function and role of the Human Rights Commission as law enforcement officers and underscores their crucial involvement in the implementation of legal services. The research also highlights that the main authority for legal services is vested in LBS/Orkemas, which has been verified and accredited by the Human Rights Commission as a legal service provider.

Bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens

The article examines the bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens based on a comprehensive systemic analysis of current legislation.
 The object of the study is the legal relations formed during the implementation of the State Criminal Enforcement Service of Ukraine in the context of protection of the rights, freedoms and legitimate interests of citizens. The subject is normative-legal acts regulating the activities of the bodies and institutions of the DKVS in the field of protection of rights and freedoms of persons who are in places of deprivation of liberty, as well as the practice of their application. The methodological basis consists of methods: formal and logical analysis of the conceptual apparatus; system analysis; comparative legal analysis - to identify gaps in the legal regulation of the activities of the DKVS. It is noted that personal dignity and personal inviolability, not being the objects of criminal punishment, are actually limited when the deprivation of liberty is carried out, but these issues are not sufficiently reflected in the legislation. Such a situation does not correspond to the spirit and requirements of the rule of law. The functions of the State Criminal Enforcement Service of Ukraine are considered. It is indicated that in the legal institution of restrictions on the rights of persons serving sentences in correctional institutions, there are no necessary logical transitions from the norms of international and constitutional law to the norms of the criminal-legal complex, and within its limits from the norms of criminal law to criminal-executive law. The activity of the DKVS of the Ministry of Justice of Ukraine serves the main purpose - the execution of criminal punishments, and its most important functions are related and based on the implementation of the main means of dealing with offenders, such as regime, work, education. The effectiveness of the mentioned activity directly depends on ensuring the rights, freedoms and legitimate interests of persons who are in the sphere of activity of the DKVS.

Political vigilantism in Ghana: Motives, membership, and financing

AbstractThis comprehensive study of political vigilantism in Ghana examines the motives, membership, and financing of the phenomenon and proffers solutions to combat it. We use a qualitative methodology of personal interviews with a broad section of Ghanaian political stakeholders totaling 50 participants. This included 30 political vigilante members equally affiliated with the New Patriotic Party and the National Democratic Congress and selected from the vigilante hotbeds of the Northern, Upper East, and Ashanti regions of Ghana. The other political stakeholders total 20 and are made up of: five public political party executives, five civil society members, five police officers, and five local district assembly members. The motives include institutional weakness, winning political power, and economic and group solidarity. Membership involves family and friends, former security personnel, party members, and unemployed youth. Financing emanates from political parties, politicians, and the business class. We argue that patron–clientelism is the driving force behind political vigilantism and recommend more legal accountability for patrons, particularly through constitutional amendments guaranteeing a fixed term for the head of the police and separating the roles of Attorney General and Minister of Justice. This is to ensure that the former can impartially prosecute vigilante patrons. Punitive financial measures are also recommended to deter patrons, backed by sustained public education and more employment opportunities for the masses of unemployed youth—the bedrock of political vigilantism.Related ArticlesAkwei, Cynthia, Isaac S. Damoah, and Joseph Amankwah‐Amoah. 2020. “The Effects of Politics on the Implementation of Government Programs/Projects: Insights from a Developing Economy.” Politics & Policy 48(6): 1161–201. https://doi.org/10.1111/polp.12384.Asiegbu, Martin F., Okey Marcellus Ikeanyibe, Pius Otu Abang, Okwudili Chukwuma Nwosu, and Chuka Eugene Ugwu. 2024. “Natural Resource Fund Governance and the Institutionalization of Rent Seeking in Nigeria's Oil Sector.” Politics & Policy 52(1): Early View. https://doi.org/10.1111/polp.12579.Debrah, Emmanuel. 2016. “Decentralization, District Chief Executives, and District Assemblies in Ghana's Fourth Republic.” Politics & Policy 44 (1): 135–64. https://doi.org/10.1111/polp.12146.

A semantic-based methodology for the management of document workflows in e-government: a case study for judicial processes

Trial excessive duration is a common problem in Juridical systems worldwide, even if some countries seem to be more affected by it than others. The European Council has provided metrics and statistics to identify this problem and has pointed out solutions, such as the simplification of norms and the digitization of Juridical procedures. The Italian Telematic Civil Process (TCP) is an example of this digitization effort that has surely positively influenced the duration of Trials, their traceability and general complexity. However, there are still many possible actions that can be taken to simplify the work of Judges and Chancellors, and to support their daily operations in dealing with several Trials at once, and with the consistent number of documents that are involved in them. This paper presents a toolchain and a related methodology for the management of documentation attached to Trials, based on semantic technologies and Natural Language Processing techniques, which will help Judges in faster assessing the situation of each Trial they follow, and will also provide the means to identify potential correlations among different Juridical procedures. The methodology is tested against a case study, i.e. the compensation requests related to road accidents, which has been provided and described by Domain Experts from the Italian Ministry of Justice.

Relevance of International Humanitarian Law in International Relations: National and International Contexts

International Humanitarian Law (IHL) holds significance within the realm of international relations which encompasses various disciplines such as international law, diplomacy, and interactions among national and international entities. The prevalence of over 100 armed conflicts underscores the imperative for parties involved in conflicts and other influential actors to comprehend IHL. In the face of ongoing armed confrontations worldwide, the continued relevance of IHL in shaping international relations becomes apparent. States must prioritize the promotion of respect for IHL to establish a robust international relations system. This article endeavors to explore the interconnectedness of IHL with international relations and assess its importance. The study will delve into the role and significance of IHL in the context of international relations, with a particular focus on Nepal, where the Ministry of Law and Justice assumes a leading and coordinating role in promoting IHL. The study involves an extensive review of pertinent literature on international humanitarian law and international relations, primarily sourced from online publications.

Service provision for older adults living in prison with dementia/mild cognitive impairment in England and Wales: a national survey

ABSTRACT Older adults are the fastest growing age sub-group in prison. Prison, health and social work staff are required to provide support for complex health and social care issues including Dementia and Mild Cognitive Impairment (MCI). Dementia care for those living in the community is a national priority. There is, however, a lack of empirical evidence regarding service provision for those living in prison. This study was the first national survey of England and Wales to establish current service provision. Questionnaires were distributed to heads of healthcare and governors of all prisons in England and Wales. Our response rate was 85 (78%) for governors and 77 (71%) for healthcare managers. Reported prevalence of dementia/MCI from respondents was well below prevalence estimates from research. Furthermore, only 23 prisons (30%) had routine screening, and the majority reported that they did not have a defined care pathway (53; 69%) for dementia/MCI. Overall, the provision of services for those experiencing symptoms of dementia and MCI in prison is sub-optimal; however, many respondents reported aspirations to enhance services for this group. The forthcoming Ministry of Justice’s national strategy for ageing prisons should include recommended care pathways for dementia and MCI to strive towards equivalence of care to community settings.

Model of Judicial Management of Evidence-Taking Proceedings in the Italian Civil Trial (Cartabia Reform)

Abstract The article presents a model of judicial management of the evidence-taking proceeding in the Italian civil procedure following the reform introduced by Law No. 206 of 26 November 2021, implemented, inter alia, on 28 February 2023 and 30 June 2023 by means of Legislative Decree No. 149 of 10 October 2022 (the reform was named riforma Cartabia after its author, former Minister of Justice, Marta Cartabia). Post-reform, the model has become significantly formalised and more detailed, limiting the judge’s decision-making freedom in organising proceedings. From the perspective of the principle of procedural material concentration and judicial management of the evidence-taking proceeding, the preliminary stage is critical: from the plaintiff’s summons of the defendant to court (in ius vocatio), which is essentially a lawsuit, to the hearing for the first appearance of the parties and case verification. At this stage, parties are required to present facts, legal elements of a claim, means of evidence, and all defence arguments in their pleadings within statutory deadlines. The subsequent stage of collecting procedural material important for the case resolution is a hearing scheduled for the first appearance of the parties and verification of the case (often termed ‘a preliminary hearing’). Here, the judge freely questions the parties and, based on the presented facts, clarifies matters necessary to resolve the case. After questioning the parties, the court may decide to conduct a conciliation proceeding. If not, the judge rules on the parties’ evidence-related motions and, considering the nature, urgency and complexity of the case, sets a timetable for subsequent hearings and specifies actions to be taken at each. A hearing intended for the taking of evidence must be scheduled within 90 days. The court may also rule on taking evidence ex officio. Then, according to the timetable developed, the judge takes evidence. The final stage of an ordinary proceeding occurs when the judge determines that the case is mature enough for resolution because it has been appropriately and definitively prepared, and the necessary evidence has been collected, or there is no need for further evidence collection. One tool for managing an evidence-taking proceeding may include the so-called abuse of procedural law. The Italian civil procedure does not explicitly regulate this issue. The concept of abuse of procedural law has been defined in case law and doctrine. However, procedural regulations mandate acting in court according to the principle of honesty and loyalty, with various sanctions stipulated for conduct that violates this rule, such as the obligation to pay compensation, reimburse trial costs, or imposition of a fine.

An Attack on the Rule of Law in Israel

Abstract This article analyzes the implications of the proposals of the Minister of Justice and the Chair of the Knesset's Constitution Committee to overhaul the judiciary of Israel. These proposals, if legislated, will undermine basic principles of democracy, the rule of law, and the protection of human rights. In the absence of a complete formal constitution and its relatively weak system of checks and balances, Israel has developed several institutions that protect the rule of law and human rights, including a Supreme Court with the power of judicial review of legislation; a balanced and professional system for selecting judges; a strong legal civil service, with a relatively independent attorney general. The so-called legal reforms deal specifically with these institutions, and seek to weaken or annul them. As such, this judicial overhaul is tantamount to a revolutionary attempt to change the regime and would undermine the democratic character of Israel.

Chemical and pharmaceutical research of cannabinoids as objects of forensic examination

Synthetic cannabinoids are a group of psychoactive compounds that mimic the effects of Δ9-tetrahydrocannabinol, the main psychoactive component of marijuana. Today, the most important task in forensic science is to establish the chemical structure of new psychoactive compounds that appear in illicit trafficking promptly in order to respond quickly and stop their distribution. Less important is the development of methodological support for expert activity, including analysis methods and reference data on the analytical characteristics of compounds.
 The aim. To develop stages of the forensic analysis of objects containing synthetic cannabinoids and propose methods for determining 5 new synthetic cannabinoids for forensic pharmaceutical purposes.
 Materials and methods. The study was conducted as part of the identification of cannabinoids for forensic purposes at the National Scientific Centre "Bokarius Institute of Forensic Examination". As part of the study, 5 new synthetic cannabinoids were identified for forensic analysis using the following methods: infrared spectroscopy, thin-layer chromatography, and gas chromatography with a mass detector. The algorithm for the forensic analysis of cannabinoid derivatives was developed based on the requirements of Ukraine's current legislation.
 Results. Spectral and chromatographic methods of determination of 5 new synthetic cannabinoids for forensic purposes were proposed, and during research and elaboration of the current legislation of Ukraine, an algorithm for forensic investigation of objects containing synthetic cannabinoids has been developed.
 Conclusions. The stages of the forensic analysis of objects containing synthetic cannabinoids meet the requirements of the current legislation of Ukraine and the Ministry of Justice of Ukraine. The obtained data prove the high sensitivity and reproducibility of the methods and prove the possibility of their introduction into the practice of forensic examination

스웨덴 경찰의 부패통제 시스템에 관한 연구

The purpose of this study is to examine the feature and implication of the control system of sweden police. The characteristic of the Swedish police's corruption control system is the balance between internal and external control devices. To summarize, first, A committee-centered decision-making structure prevents centralization of authority. Second, the Special Investigation Department of the National Police Agency maintains its fairness by appointing the head of the Swedish Prime Minister, ensuring independence of work, and exercising special authority to investigate corruption in specific public officials, including police officials. Third, Separate Public Prosecution Office and the National Anti-Corruption Unit are placed directly under the Minister of Justice and have the authority to investigate and prosecute corruption cases of specific public officials, including police officials. In particular, Separate Public Prosecution Office independently exercises the authority to investigate the legitimacy of police use of weapons. Fourth, prevent corruption of public funds by reviewing in advance the appropriateness of police budget use. Fifth, all decision-making processes related to police work and the exercise of police power are disclosed to the public. Sixth. It has a recruitment structure that hires qualified people with the character and ethics of a police officer. In addition, efforts are made to exclude corruption cartels and a culture of silence in police organizations by providing strong identity protection for whistle blowers.

A Study on Legislation for the Influx of Foreign Human Resources: Drawing Insights from Japanese Cases

In December 2018, the Japanese government introduced “Initiatives to Accept Foreign Nationals and for the Realization of Society of Harmonious Coexistence.” This initiative aimed at a more robust and comprehensive approach toward accepting and integrating foreign talents. The Japanese government also developed the Roadmap for the Realization of a Society of Harmonious Coexistence with Foreign Nationals. This roadmap delineates policies to achieve a symbiotic society and outlines the vision for an environment where foreigners coexist harmoniously with Japanese nationals. With an anticipated rise in the foreign population in Japan, the Japanese government designated the Ministry of Justice as the central authority for overseeing the acceptance and integration of foreign talents across governmental levels. In Japan, this was acknowledged as pivotal for the nation’s future rather than solely addressing labor shortages and the plan involved a comprehensive, longterm policy review. South Korea also faces various societal challenges due to a declining birthrate, making the acceptance of foreign immigrants indispensable. Japan’s pursuit of a gradual transition to an immigration society while promoting acceptance and coexistence of foreign talent presents significant implications for Korea, which is seeking to introduce a new immigration policy.

Revisiting Ambedkar’s Perception on Religious Identity and Political Modernity in India

Dr. Bhimrao Ramji Ambedkar, an architect of a futuristic India, was a jurist, social reformer, as well as the founding father of the Indian Constitution. He was the first Law and Justice Minister of independent India, who served in first Nehru ministry during 1947–52. He dedicated his entire life for the betterment of India, Indian society, and the lives of the underprivileged in the nation. His goal was to make India more equitable, secular, and free. This goal guided all of his thoughts, projects, and achievements. Drawing on the teachings of Gautam Buddha, Jotirao Phule, and Kabir Saheb, Dr. Ambedkar challenged Hindutva from all directions, offering a fact-based and well-reasoned critique of Hinduism’s attitudes, practices, culture, and sacred texts. Seeking a religious solution for the untouchable issue, he and his numerous followers renounced Hinduism and converted to Buddhism in 1956. He believed that Buddhism was the most egalitarian and inclusive religion and that it aligned with his social justice and equality principles. He disagreed with majoritarianism, which in Indian parlance meant unbridled Hindu dominance. Dr. Ambedkar was an insightful individual with an incredible personality and multifaceted character. He firmly believed that India didn’t need to formally become a Hindu state by amending the Constitution to make Hinduism the official state religion. Dr. Ambedkar’s quest for justice, liberty and equality finds no match in the making of the Constitution of India. His farsightedness has laid the foundation of social, economic and political revolution in Indian society.

‘To knock the cudgel out of the enforcer’s hand’: the Serbian Parliament on the abolishment of corporal punishment

ABSTRACT In 1873, the Serbian government proposed to abolish corporal punishment from the Criminal Code. (Since 1860, it existed in the form of beating of up to 50 strikes.) While the parliamentary committee supported this amendment, listing five arguments in favour of the abolishment, the opinions in the plenum were divided. Some MPs supported it, seeing corporal punishment as anachronistic, or underlining inequalities and abuse involved in its application. However, some thought that prison could not serve as a sufficient deterrent to potential offenders, and they feared that abolishing beating would lead to an increase in crime rates. The discussion was concluded by a long speech of Đorđe Cenić, Minister of Justice (and author of the amendment), after which the proposal was accepted with a prevailing majority. This article will analyse the MPs’ attitudes towards this form of punishment, Cenić’s influence both as a political figure and as an expert on criminal law, and the arguments given by both sides, while attempting to place the analysed case into a broader legal-political framework.

Ethnic Inequalities in Sentencing: Evidence from the Crown Court in England and Wales

Abstract In recent years, there has been considerable policy and academic interest in the existence of ethnic inequalities in the Criminal Justice System. A large body of sentencing research has been dedicated to exploring whether ethnic minority defendants are treated more harshly than similarly situated white defendants. This paper extends this research utilizing Ministry of Justice linked criminal justice datasets and multilevel models to assess the effect of ethnicity and other defendant case and contextual factors on sentencing outcomes in the Crown Court. The analysis shows that legal characteristics such as plea, pre-trial detention, offence type and severity are important factors determining sentencing outcomes although they do not fully explain disparities in these outcomes between ethnic groups. Ethnic disparities in imprisonment persist and, in some cases, become more pronounced after controlling for defendant case and court factors. In contrast, ethnic disparities in sentence length are largely explained by legal factors, and after adjusting for other predictors of sentencing outcomes, observed differences between most (but not all) ethnic minority groups and the white British disappear.

Правовое регулирование института розыска, ареста и возврата активов, полученных преступным путем, как формы международного сотрудничества в Республике Ирландия

Introduction. Hodiernal circumstances in the world underline the sparkling growth of organized crime activity. Getting criminal assets is meant to be one the threats that demand rapid response and cooperation of law enforcement bodies and other relevant authorities and officials all over the world. Criminal Assets Bureau is deemed to be such an authority that is entitled to exercise such activity in the Republic of Ireland. Theoretical analysis. Criminal Assets Bureau is authorized to search, freeze and confiscate proceeds of crime. Civil proceedings in assets recovery is the essence of the Irish confiscation procedure. Bureau is empowered to be a plaintiff in pleadings. Therefore, the formal proceeding chain is the following: Criminal Assets Bureau, Garda Síochána, High Court, Ministry of Justice and Equality. Еmpirical analysis. The provisions of criminal justice acts and conventional laws,characterized by the principle of extraterritoriality, regulate the search, arrest and confiscation procedure in the Republic of Ireland. International cooperation and mutual legal assistance matters are vested in a number of laws based on relevant conventions. Results. Organized and joint activity of the Criminal Assets Bureau grants an ability to avoid excessive bureaucratization of the process and accelerate formal cooperation in criminal matters with relevant foreign central authorities and officials.

How Do Digital Capabilities Affect Organizational Performance in the Public Sector? The Mediating Role of the Organizational Agility

As public sector agencies face rising imperatives to digitally transform citizen services, data systems, and internal operations, questions persist as to whether investments in big data analytics and automation capabilities, evidenced to drive organizational performance in private industry, translate to bureaucratic government contexts. This research quantitatively investigates the link between digital capabilities and organizational performance in the Jordanian ministry of Justice. Survey data collected from 292 public officials assessed capabilities in data-driven decision making, flexible automation, and interactive constituent communications alongside organizational agility and performance indexes spanning efficiency, quality, and satisfaction metrics. Structural equation modeling analysis reveals that digital capabilities relate significantly to heightened agility and all targeted performance areas. Improved agility mediates over half the performance impact attributable to upgraded technical systems, highlighting the vital role of evolving digitally enabled flexibility in realizing returns on analytics and process modernization initiatives. Findings validate the applicability of conclusions on digitization returns formed in corporate environments to public sector contexts, contingent on bundled change management programming enabling both technical and adaptive capacity building across the workforce. As global regions expand e-governance programs premised on harnessing emerging technologies to enhance civic institutions, this research offers generalizable models guiding multifaceted preparations to amplify impact.

The organisation of the fight against human trafficking and assistance to victims in Austria

Aim: The study presents a written summary by Dr. Melinda Molnár of the online exchange of experiences held in the framework of the project ‘Complex victim assistance services for victims of human trafficking’.Methodology: The author has conducted an in-depth study of the paper.Findings: The author has produced a rather informative abstract, where the most important and relevant information has been processed, thus creating a truly comprehensive presentation by writing the paper.Value: The reader is provided with a picture of the trends in the fight against human trafficking in Austria and Hungary through an easy-to-read study. The study was created as a written summary of the online professional meeting held in connection with the project ‘Complex victim assistance services for victims of human trafficking’. The aim of the volume is to provide a detailed picture of the complex organisational system within which human trafficking is fought in Austria. In addition to the Austrian experts, representatives of the Hungarian Ministry of Justice and the Hungarian Baptist Aid were also present at the online meeting, who presented our country’s own methods in the fight against human trafficking. After the joint exchange of ideas and detailed presentations, specific areas where the two countries can develop and strengthen their cooperation were defined.

Review of occupational health and safety management systems

The Occupational Health and Safety Management System (SGSST) must be led and implemented by the employer or contractor, with the participation of the workers and/or contractors, guaranteeing through said system, the application of safety measures. Safety and health at work includes the improvement of workers' behavior, conditions, and the work environment also the effective control of hazards and risks in the workplace. Having in Note that Colombian law indicates in article 2.2.4.6.8 of Decree 1072 of 2015, corresponds to the Ministry of Justice and the Law, within the framework of the protection of workers' safety and health at work, must design, develop a plan of job annual for the compliance of those as per the objectives of S.G. –SST. It is worth mentioning that the goals, responsibilities, resources, and schedule of activities must be identified in accordance with the minimum standards of the System. In compliance as per above mentioned law, the Ministry presents the Plan of Safety and Health at work effectively in 2022 and committed to promote health in the workplace of work, prevention, the classification, and the determination of risk for promoting care and well-being of servers and contractors. By setting achievable goals that facilitate an excellent implementation of SG-SST based on the principles of the PHVA (Plan, Do, Check cycle and Act) to such an extent that the legal requirements enshrined in Resolution 0312 of 2019.

Problems of registration of acts of civil status of Ukrainians abroad who left during martial law in Ukraine

Acts of civil status are actions and events that occur and initiate, change, supplement or terminate inextricably linked to an individual and the possibility of being a subject of civil rights and obligations.
 The State Register of Civil Status Acts must include the following information: birth; adoption; deprivation and restoration of parental rights; marriage registration; divorce; change of name; and death of an individual. The authorized bodies empowered to carry out state civil registration are the state civil registration authorities (central executive body in the field of state civil registration, state civil registration departments of the Main Department of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, main departments of justice in regions, cities of Kyiv and Sevastopol, district, district in cities, city (cities of regional significance), city and district departments of justice).
 A vital record is a state document issued by an authorized body to carry out state registration of civil status acts, which contains personal information about a person and confirms the fact of such an action or event.
 Over the past two years, the state has significantly simplified the state registration of civil status acts. In particular, it is now possible to submit an application for marriage registration through the Unified State Web Portal of Electronic Services (Diia Portal), and if one of the spouses is a military officer, state registration of marriage can be conducted by the civil registry offices without the personal participation of such a bride or groom, and state registration of civil status acts can be conducted in diplomatic missions.
 The full-scale invasion of Ukraine by the Russian Federation has provoked an unprecedented flow of Ukrainians who were forced to flee Ukraine abroad as a result of the fighting. According to the Ombudsman of Ukraine, as of 2022, 14.5 million Ukrainians have left the country. The exact figures are being investigated.
 However, many citizens abroad face problems with state registration of civil status acts in diplomatic missions, which makes it impossible for them to fully exercise their right.

Нравственно-юридические правила Устава третейского суда Г.Р. Державина: источники и комментарий

The primary thesis of the project for an arbitration court of conscience of the first Russian Minister of Justice G.R. Derzhavin was reconciliation (amicable agreement) based on moral norms and customary law (Derzhavin referred to this as the “amicable resolution of disputes”) within the existing judicial system and under the executive power in the provinces and the Senate. The goal is to make civic virtues and morality a state policy for justice, as directed by Catherine II, as the universal law of justice.