Ministry Of Justice Research Articles

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.

The legal status of the press in Russia at the beginning of the XX century

The article discusses the results of the reform of the legislation on the periodical press of 1904–1906. A comprehensive analysis of the norms of administrative, criminal and criminal procedure legislation and law enforcement practice has been carried out. Statistical data from archival documents of the Ministry of Justice of the Russian Empire and the Chief Administration for Press Affairs, which are being introduced into scientific circulation for the first time, are presented. Based on a wide range of sources, the conclusion is made that after 1905 the position of the periodical press in the Russian Empire changed fundamentally, and in 1906–1914 the press functioned in conditions of real freedom of the press.

Gender and Human Resources Management in the Portuguese Ministry of Justice

This article aims to delve deeper into the topic of gender equality, through the presentation and analysis of a set of data relating to the distribution of workers in the Ministry of Justice services in Portugal by gender. Using statistical analysis, the figures for the feminisation rate, managerial feminisation and higher education qualifications for the Ministry of Justice's direct and indirect administration services are presented. The results obtained allow us to conclude that the services of the Ministry of Justice are mostly made up of female workers, also noting that it is female workers who reach a higher rate in terms of management positions, as well as educational qualifications at higher education level. It also allows, in conclusive terms, to make a brief observation regarding the possibility of churning of human resources in the Ministry of Justice.

Evaluating the effect of settlement services in South Korea: Focused on Korea Immigration & Integration Program

To improve immigrants’ integration, Korea Immigration & Integration Program (KIIP) has been delivered since 2009 in South Korea (hereafter Korea), yet little research has empirically estimated its net effect. Hence, the main aim of this study is to empirically and directly evaluate its net effect, using an Inverse-probability weighted analytical technique controlling selection bias that may distort its net effect. Utilizing the “Estimating social and economic effect of KIIP”, published by the Ministry of Justice, Korea in 2017, this study selects immigrants including participants (n = 800) and nonparticipants (n = 214). The findings indicate that the effect of KIIP is dubious. Specifically, KIIP plays a role in raising the level of naturalization of immigrants, accepting Korean culture, and satisfying their lives. However, there are statistically non-significant differences in employment, monthly income, keeping home country’s culture, social networks, Korean language skills, discrimination, and the sense of belonging to the Korean society between participants and nonparticipants. This shows both the effectiveness and ineffectiveness of KIIP. To find a way to improve integration, this study suggests strengthening advantages and offsetting disadvantages, in managing KIIP.

Czy rozstrzygnięcie Ministra Sprawiedliwości w zakresie zniesienia klauzuli tajności przewidującej objęcie informacji zawartych w oświadczeniu majątkowym sędziego jest decyzją administracyjną?

The article is an analysis of the judgments of administrative courts, which indicate that the power of the Minister of Justice to abolish the secrecy clause providing for information contained in a judge’s asset declaration constitutes an administrative decision. The abolition of the “restricted” secrecy clause in relation to the declaration of assets submitted by a judge cannot be treated as being carried out as part of the administrative supervision of the Minister of Justice over the courts. This is not typical professional pragmatics and the disputed act of the Minister does not concern a matter relating to the judge’s service relationship. The judge’s obligation to submit a declaration of assets is of a public law nature. The Minister’s competence is not a form of exercising by the Minister rights towards a judge resulting from the relationship between a superior and a subordinate, i.e. from the judge’s subordination to the Minister of Justice. Therefore, such a decision may be subject to judicial review due to the constitutionally protected values covered by the Minister’s act.

Цифровизация гражданского судопроизводства Англии

Introduction: England is going through a period of radical reform of the civil justice system. A new landscape of digital dispute resolution is advancing, based on the idea that the transition from ‘paperbased’ resolution of legal disputes in physical courts to an online environment will help meet the dual requirements of expanded access to justice and significantly reduced system costs. As noted by the English authors, now the country has a semi‐digital justice system and hybrid ways of working. Supporters of the reforms define the current system as unstable and consider growing digitalization to be the only realistic solution. Purpose: to form an idea of the digitalization of civil proceedings in England based on analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as legaldogmatic and the method of interpretation of legal norms. Results: the conducted research has shown that a modernization program is currently being implemented in the courts of England and Wales, focused on the transition from traditional ways of working to the use of digital methods. There have been created various pilot schemes aimed at improving access to justice, at facilitating preliminary resolution of disputes and resolution of disputes at early stages, at reducing the number of claims reaching the court, at increasing the economic efficiency of civil proceedings and judicial efficiency. Judicial reform has been carried out by the UK government for more than 25 years. But the civil justice reform program, with its commitment to digitalization and online process, began in earnest in 2014, when the Ministry of Justice announced that Her Majesty's Courts and Tribunals Service (HMCTS) would implement a reform program the central element of which would be the use of information technology, including online processes, to facilitate dispute resolution. The concept of online court was to create a convenient online system for processing simple monetary claims with a value not exceeding 25,000 pounds. Conclusions: in 2023, the following digital technologies were widely used by UK courts: video hearings (at the discretion of the court); creation of electronic packages of court documents (e‐bundles) and electronic filing of court documents; electronic communication between the parties and the court; online portals for processing various forms of claims; creation of an online system of protocols of preliminary actions (Pre Action Protocols), called online PAPs. Currently, various claim portals designed to handle claims of various types are operating or undergoing pilot testing in the country: the Online Civil Monetary Claims (OCMC) portal (processing of claims for a certain amount of money limited to 25,000 pounds); the Damages Claims Portal (DCP) (processing of claims for damages in the district court); Official Injury Claim (OIC) portal (processing of accident injury claims). An important event was the creation of the Online Procedure Rule Committee (OPRC) in accordance with the Judicial Review and Courts Act 2022. This law created the basis for the development of new, simplified Rules for online services in civil, family, and arbitration proceedings. The Recommendations of the UK Jurisdiction Taskforce (UKJT) should also be taken into account with regard to the use of blockchain technologies in legal proceedings and judicial practice on this issue. The final report of the UKJT was published on June 28, 2023. The final position of the UKJT was to support common law as the primary means to be used to resolve claims against cryptocurrencies.

THE DECAY OF JAPAN’S LABOUR MARKET: NEW IMMIGRATION POLITICS AND THEIR IMPLICATIONS ON THE NATIONAL LABOUR SHORTAGE

THE DECAY OF JAPAN’S LABOUR MARKET: NEW IMMIGRATION POLITICS AND THEIR IMPLICATIONS ON THE NATIONAL LABOUR SHORTAGE

(NE)OPRAVDANOST SNIŽAVANJA STAROSNE GRANICE NASTUPANJA KRIVIČNE ODGOVORNOSTI U FEDERACIJI BOSNE I HERCEGOVINE

In the middle of 2023, a thirteen-year-old elementary school student in Lukavac (Bosnia and Herzegovina) shot a teacher with a firearm, causing him life-threatening injuries. It happened just one month after a much more monstrous crime had been committed by his peer in a school in Belgrade. Taking into consideration that in accordance with the positive (juvenile) criminal legislation in the Federation of Bosnia and Herzegovina, young persons of that age cannot be prosecuted by the criminal justice authorities, because the age limit for the onset of criminal responsibility is 14 years, in light of the aforementioned events, one of the vice presidents of the Federation of Bosnia and Herzegovina submitted an initiative to the competent Ministry of Justice to amend the relevant legislation by lowering, or redefining the age limit for the onset of criminal responsibility. The paper presents different models of defining the age limits of criminal responsibility in comparative law, as well as tendencies related to their lowering, i.e. raising in the national laws of countries around the world in the last few decades. After that, the paper analyses the relevant international and supranational legal standards in this area, as well as the results of certain (neuro) scientific research related to this issue. Based on all of the above, it is concluded that the initiative to lower or redefine the age of criminal responsibility in the Federation of Bosnia and Herzegovina does not have a valid scientific and legal foundation and that it represents a kind of moral panic and penal populism.

ПРАВОВЫЕ АСПЕКТЫ УКАЗАНИЯ ТЕРРИТОРИАЛЬНОЙ СФЕРЫ В НАИМЕНОВАНИИ РЕГИОНАЛЬНЫХ ОБЩЕСТВЕННЫХ ОБЪЕДИНЕНИЙ

The article analyzes the regulatory requirements for indicating the territorial area in the legal naming of public associations in the Russian Federation and the practice of their application. The study is based on the analysis of regulatory legal acts that define the requirements for the name of public associations, as well as a comparison of the responses of territorial divisions of the Ministry of Justice of the Russian Federation to requests for interpretation of these requirements. The authors explore various approaches to the interpretation of legislation on the need to include an indication of the territorial area in the name of public associations. The findings of a survey of territorial departments of the Ministry of Justice of the Russian Federation demonstrate ambiguity in the understanding and application of the relevant legal requirements. The article examines the possible consequences of different approaches to indicating territorial affiliation for legal certainty and protection of the naming rights of public associations. In conclusion, recommendations are proposed for unifying the practice of applying regulatory requirements, aimed at eliminating legal uncertainty and ensuring the protection of the rights of public associations to their unique name in accordance with constitutional principles.

제시카법안 이념에 대한 千定煥 명예교수의 비판

Legal sanctions against sex offenders include punishment and security measures.
 There has been a diversification of punishment and security measures for increasing sex crimes until 2022, there were various security measures, including electronic anklets and disclosure of personal information. But, the recidivism of sex offenders remains un diminished. Therefore, legislation was announced for security measures called the Korean Jessica bill by the Ministry of Justice in October 2023.
 But, the Korean Jessica bill by the Ministry of Justice in October 2023 is a stronger system than the United States Jessica Bill's contents and is being criticized for double punishment and so on. But, problems against the Korean Jessica bill by the Ministry of Justice are mainly pointed out on the legal side and there is no criticism in terms of the legislation ideology. Because the most important content of the bill is the legislative ideology, First, I write a history of security measures for sex crimes, and then I describe the problems in the ideological aspect of the Korean Jessica bill by the Ministry of Justice in an my original way.

미국 의회의 입법적 거부권에 관한 연구

For more than half a century in the United States, congressional or legislative vetoes have been adopted and used as a means of balancing power between the administration, especially the president and the federal parliament. Since the 1930s, when the Federal Assembly was unable to effectively exercise legislative power, it has gradually delegated legislative power to the President and the Administrative Committee, and the Federal Assembly adopted the veto as a preliminary legislative procedure to monitor the exercise of such delegated power. In general, legislative veto power refers to the delegation of legislative power to the president or administrative agency somewhat broadly, but the Congress has a veto on the exercise after the fact. In other words, this can be seen as a legislative mandate conditional on the rejection of Congress. Legislative veto power has its origins in the laying system, a precedent for the British Parliament. The return system is a system in which laws and regulations enacted by the administration are returned to the council to deliberate upon the delegation of the council, but are not recognized for effect if approval is not obtained. In the United States, legislative veto power was introduced by the Federal Assembly after the Great Depression in the 1930s to strengthen control over the administration's regulatory policies. In the 1970s, legislative veto power expanded rapidly. In the mid-1970s, Congress granted legislative vetoes to more than 100 laws. These legislative vetoes have contributed to strengthening Congress' control over the administration's regulatory policies. However, the legislative veto has caused a number of problems. First, the legislative veto system further delays the establishment of rules that are being delayed. Second, if Congress actually considers legislative veto power, the administrative committee and the parliament's competent standing committee will be sharply opposed, resulting in delays in administration. Third, criticism has been raised that the legislative veto increases the workload of Congress. Fourth, criticism has been raised that the legislative veto weakens and confuses judicial control over the administrative committee. The legislative veto, which has functioned as a strong means of control of legislative power delegation, was ruled unconstitutional in the 1983 Chadha ruling. This case is a case in which deportation of foreigners is a problem, and the background is as follows. Chadha, an East Indian, was on the verge of being deported from the country after his student visa period had elapsed. However, in 1974, Chadha requested an order to suspend deportation from the Minister of Justice based on the provisions of the Immigration and Nationality Act due to the difficulties of living following deportation abroad, and finally obtained the permission. However, the law gave the Senate or the House of Representatives the power to reject the Minister of Justice's decision by a simple resolution, and the House of Representatives passed a resolution rejecting the Minister's order to suspend deportation order. Eventually, in 1976, Chadha was finally ordered deported. In 1983, the Supreme Court ruled by 7:2 that the legislative veto under the Immigration and Nationality Act violates the Constitution in that it violates the transfer clause (Article 1, Paragraph 7, No. 3) and the bicameral clause (Article 1, Paragraphs 1 and 7 of the U.S. Constitution). In the Chadha case, it is evaluated that any form of legislative veto is unconstitutional. The ruling has shocked Congress and is expected to further affect the political process in the United States. Immediately after the Chadha ruling, the Congress came up with its own alternative. The most extreme opinion was to recognize the legislative veto as a prestigious through the revision of the current law or to deprive the Administrative Committee of its authority to enact rules at all, but it did not gain much sup

성범죄자 신상공개제도의 문제점과 대응방안에 관한 연구

The personal disclosure system for sex offenders is intended to send a warning message to local residents to be careful not to be harmed because ex-sex offenders live around them. However, the current personal information disclosure system is not becoming a current photographic information, and the unclear residence and actual residence have resulted in unknown consequences even though actual sex offenders live around them. In addition, organizations that handle personal information disclosure have not been able to proceed smoothly due to diversification such as the Ministry of Justice, the Ministry of Gender Equality and Family, and the National Police Agency. The purpose of this study is to find countermeasures against these problems.
 The scope of the study is to examine the theoretical research of the personal disclosure system based on related laws and research papers, and to find practical countermeasures by deriving various problems through Internet articles, domestic and international research papers, and research reports.
 As a result of the study, the disclosure of sex offenders needs to be divided into low-risk and high-risk groups, and intelligent CCTV should be installed and managed in front of the subject's house to inconsistency between residential and actual residence and current photo information. Personal information disclosure management shall be unified into one institution so that the work can be carried out smoothly. When the Ministry of Gender Equality and Family notifies parents or institutions with children and adolescents of the registration of sex crimes, it should take a video of the body or walking scene in addition to the personal information of the sex offender and send the video information so that children and adolescents can see it. Only in this way will children and adolescents be able to clearly recognize that they are sex offenders when they meet a person subject to personal information disclosure on the street.

외국인 유학생의 한국 정주 체류 장벽 고찰 연구

The purpose of this study was to examine ways for foreign students to permanently stay in Korea through examples of barriers to their permanent stay in Korea. For this purpose, the circumstances of foreign students' residential stay in Korea were classified into three categories and examined. In-depth interviews were conducted with research participants recruited through snowball sampling, and the collected data were processed according to hermeneutic analysis procedures. As a result of the analysis, 'barriers to job-seeking visa extension', 'barriers to E-7 visa issuance', 'barriers to major-related employment', 'barriers to Korean language and employment education', 'barriers to period of stay', and 'barriers to social security system and accompanying family support'. appear. Based on this, close cooperation between foreign students and the Ministry of Justice, a big data-based AI platform, and an online learning method based on Jeongju Korean were suggested.

퍼블리시티권(인격표지영리권)과 표현의 자유의 보호에 관한 연구

With the recent emergence of various online media with the development of information and communication technology, direct communication between people is becoming active, and not only celebrities but also ordinary individuals are likely to become famous, and it has become common for them to use their personality signs to perform various commercial activities. Unlike in the past, when it was unfamiliar to recognize economic and property values on personal signs of ordinary individuals, it is a reality that personal signs of ordinary individuals can be used profitably enough, and the need to protect the creation of economic value is emerging. Considering such a situation, it can be said that a partial amendment to the Civil Act that recognizes the right of publicity as a universal right for all ordinary individuals as well as celebrities has been announced for legislation. However, if everyone has the right of publicity, it can be argued whether many expressions using other people's personal signs violate the right of publicity which can lead to a contraction in freedom of expression. The Civil Act Amendment, which was announced by the Ministry of Justice, aims to resolve the conflict with freedom of expression in a harmonious way by stipulating that “a person who has a legitimate interest in the use of another person's personality mark can use the personality mark commercially to a reasonable extent without the permission of the personality mark for profit.” However, there is a question of whether the phrase “fair interest” can be harmonized with freedom of expression, and it is also necessary to consider specifying the scope of “fair interest” as a case of using it for current affairs reporting, reporting, broadcasting, and education. In the case of celebrities, the past position based on the possibility of accepting public figures is expected to be maintained, and in the case of ordinary individuals, the logic of the possibility of accepting public figures cannot be applied equally, but considering whether it is a violation of the right to publicity or whether it should be protected as freedom of expression, considering whether it is conducting commercial and commercial expressions by focusing on the use of personality marks of famous individuals.

법무부 지역특화형 비자제도 개선방안 연구 : 충청남도 보령시 시범운영 사례를 중심으로

법무부 지역특화형 비자제도 개선방안 연구 : 충청남도 보령시 시범운영 사례를 중심으로