Ministry Of Justice Research Articles

Use of Russian and Kyrgyz Languages in Private Medical Centers in the Capital of Kyrgyzstan

This article examines the frequency of use of Russian, Kyrgyz and other languages in private medical centers in the capital of Kyrgyzstan, identifies the features of printed advertising texts and Internet resources that facilitate the functioning of these organizations. The article presents factual data collected during a sociolinguistic study, which are the basis for the formation of grammar language planning in one of the post-Soviet republics. Methods of social linguistics were used to collect the material. The work is of interest to linguists, sociologists, cultural scientists and historians as a source for analyzing the modern socio-linguistic situation in the former republics of the Soviet Union and the modern area of ​​the Russian-speaking space located outside the Russian Federation. In addition, the work allows doctors from different countries to form an idea of communication between colleagues and patients in private medical centers in Bishkek, which directly affects the ability to find work in this region. The scientific article provides an analysis of texts posted on websites and in the Internet space, as well as in advertising brochures, manuals, bulletins, where the dominant role of the Russian language is noted. It should be noted that the article contains an analysis of the graphics used by private medical centers when registering with the Ministry of Justice, in the media and the Internet. In this case, cases of merging Latin and Cyrillic graphics are noted, which indicates a desire to use international medical vocabulary in characterizing the specifics of many centers.

Tinashe v University of Limpopo: Turfloop Campus 2023 ZALMPPHC 57. In the 'presence' of the Commissioner: Is there a need for an amendment to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963?

The Justices of the Peace and Commissioners of Oaths Act 16 of 1963 governs the powers and responsibilities of all Commissioners of Oaths in the Republic of South Africa. One of the primary duties of a Commissioner of Oaths is to assist members of public by administering an oath or affirmation when swearing to an affidavit (see sections 7 and 8). Section 10 of the Act provides that the Minister of Justice may make Regulations prescribing the form and manner in which an oath or affirmation must be administered. All affidavits must therefore meet the requirements as set out in the Regulations promulgated in terms of the Act. The Regulations that were made by the Minister in this regard are the Regulations Governing the Administration of an Oath or Affirmation, which were published under GN R1258 in GG3619 on 21 July 1972.

An Empirical View of the Extent of Exercising the Education Exception to Copyright in Cultural Heritage Institutions

The article presents findings from a study funded by the Estonian Ministry of Justice titled ‘Extent of Use of Educational Exceptions of Copyright in Cultural Heritage Institutions’. The impetus for this work came from the fact that rights-holders, who are not compensated for the use of copyrighted works and material covered by related rights under the educational exception, desire compensation for such use yet data pertaining to the practices of educators conducting education programmes in cultural heritage institutions are scarce. The study’s results are important for the holders of the rights but also for policymakers and for those providing professional-development courses to the educators such that their practices could be fully aligned with the education exception to copyright. A 105-respondent questionnaire – adapted from an instrument used in a similar study that focused on educators in pre-school education, basic schools, upper secondary schools, vocational-education institutions, institutions for professional higher education, universities, ‘hobby schools’, and continuing-education institutions – among educators who are not copyright experts helped answer the question ‘What is the extent of exercising the education exception to copyright in cultural heritage institutions in Estonia?’. The paper explains the quantitative results further in light of focus-group interviews with seven representatives of cultural heritage institutions, of several types. Also, the results of this study are compared with the findings from the earlier one. The results, which shed light on copyright awareness, the form and extent of copying, etc. in relation to literary and reference works, photographs, musical works, and audiovisual works, indicate that Estonian cultural heritage institutions’ reliance on the education exception is in accordance with copyright law and, therefore, significant changes in related policy are unnecessary. However, responses to the survey and interview questions revealed aspects that could be addressed in designing guidelines and professional-development activities for educators in cultural heritage institutions.

Felicity Kaganas: asking the woman question in family law

ABSTRACT This contribution to the special issue considers Felicity Kaganas as a feminist socio-legal scholar who persistently ‘asked the woman question’ in family law. It focuses on one of her important articles, ‘When it comes to contact disputes, what are family courts for?’ . After summarising her argument concerning the evolution of the family courts’ approach to contact disputes, it examines her critique of a problem-solving approach, in light of the recent introduction of the Pathfinder pilot courts, following the recommendations of the Ministry ofJustice report, Assessing risk of harm to children and parents inprivate law children cases (2020).

Reflections on the implications of proposed legal reform in Israel on ethical dilemmas in social work

Social work ethics are outlined in the Union of Social Workers in Israel Code of Ethics. Israel's current Justice Minister has submitted a bill as part of legal reform, which states that even if the Supreme Court rules that a law enacted by the Knesset violates human dignity and liberty, a Knesset majority can still overturn the Supreme Court ruling. Should this legal reform endeavor succeed, social workers may be faced with complex ethical and legal dilemmas. This article provides a number of recommendations that will assist social workers to better prepare themselves to deal with situations in which they are required to act contrary to both applicable legislation and professional ethics.

Advancing justice: The impact of Brazil’s convict genetic profile identification project after 5 years

This comprehensive study analyzed the implementation and impacts of the Convict Genetic Profile Identification Project in Brazil. By examining semiannual reports from the Integrated Network of DNA Databases (RIBPG) alongside a literature review covering the period from January 2018 to February 2024, the study evaluated the project’s relevance. The project’s primary aim was to enhance DNA databases, thereby fortifying crime prevention and resolution efforts. Notably, the results revealed a substantial increase in genetic profiles of convicted offenders included into the Brazilian National DNA Database (from 2,008 in 2017 to 54,657 in 2019) − a development that aligns with legislative goals. Despite legal and ethical debates, the project demonstrated a positive impact on criminal investigations, with a notable rise in database matches (from 376 in 2017 to 1,418 in 2019). Scientific literature had highlighted the project’s effectiveness in resolving crimes. The project has matured into a well-established process, characterized by continuous insertions and advancements, emphasizing a comprehensive operational framework. Beyond quantitative milestones, it has made qualitative contributions to justice. This collaborative model serves as an example for impactful public policies under Brazil’s Ministry of Justice and Public Security.

Violence in contact and custody proceedings-Acase of child endangerment in the family court-Where are efficient child protection measures?

Against the background of 30years of discussion in medicine and law about unfounded accusations and the existence of reasonable suspicion of intra-family violence in contact and custody proceedings, this article emphasises the importance of focusing on child protection by all professionals.Based on acase report in connection with the Federal Ministry of Justice's handout "Dealing with violence in custody and contact proceedings", the article describes the relevance of child protection in Austrian case law and the means by which it is undermined. In the name of science, ideological diagnoses are used instead of evidence-based treatment diagnoses [1]. "Professionals from the healthcare system, youth welfare, justice and education should cooperate in child protection with the aim of recognising, identifying and ending child abuse, maltreatment and/or neglect as such (cf. §3 KKG) [2]."In legal practice, however, practitioners in the psychosocial, psychosomatic and psychotherapeutic fields are often not recognised as witnesses because of the assumption they are influenced by parents or patients themselves. In Austria, the evaluation of evidence is the responsibility of the judge and it is often assumed that practitioners cannot take an objective position towards their patients and their relatives. Specialist medical or psychological experts are therefore of crucial importance. When taking their oath, they have committed themselves to objectivity and impartiality in the recording of findings and orientation towards scientific principles and standards ("state of the art") and their application, as well as to continuous further training and education in the preparation of expert opinions [3].The specific case in question is achild with adiagnosis of post-traumatic stress disorder following suspected sexualised violence, enuresis and enkopresis in connection with the traumatic experiences.The connection between violent situations and child and adolescent psychiatric disorders and the course of the custody and contact proceedings are described. Relevant legal interests such as the will of the child, the best interests of the child, attachment tolerance and protection against violence are addressed and put up for discussion. Topics such as domestic, psychological, sexualised, institutional violence and intimate terror are presented.The case report is an example of how child psychiatrists deal with points relevant to the Federal Ministry of Justice's handbook "Dealing with violence in custody and contact proceedings", which was published in January 2024. It represents aguideline for the area of court proceedings, assessment and treatment.

Mass incarceration as a driver of the tuberculosis epidemic in Latin America and projected effects of policy alternatives: a mathematical modelling study

Tuberculosis incidence is increasing in Latin America, where the incarcerated population has nearly quadrupled since 1990. We aimed to quantify the impact of historical and future incarceration policies on the tuberculosis epidemic, accounting for effects in and beyond prisons. In this modelling study, we calibrated dynamic compartmental transmission models to historical and contemporary data from Argentina, Brazil, Colombia, El Salvador, Mexico, and Peru, which comprise approximately 80% of the region's incarcerated population and tuberculosis burden. The model was fit independently for each country to incarceration and tuberculosis data from 1990 to 2023 (specific dates were country dependent). The model does not include HIV, drug resistance, gender or sex, or age structure. Using historical counterfactual scenarios, we estimated the transmission population attributable fraction (tPAF) for incarceration and the excess population-level burden attributable to increasing incarceration prevalence since 1990. We additionally projected the effect of alternative incarceration policies on future population tuberculosis incidence. Population tuberculosis incidence in 2019 was 29·4% (95% uncertainty interval [UI] 23·9-36·8) higher than expected without the rise in incarceration since 1990, corresponding to 34 393 (28 295-42 579) excess incident cases across countries. The incarceration tPAF in 2019 was 27·2% (20·9-35·8), exceeding estimates for other risk factors like HIV, alcohol use disorder, and undernutrition. Compared with a scenario where incarceration rates remain stable at current levels, a gradual 50% reduction in prison admissions and duration of incarceration by 2034 would reduce population tuberculosis incidence by over 10% in all countries except Mexico. The historical rise in incarceration in Latin America has resulted in a large excess tuberculosis burden that has been under-recognised to date. International health agencies, ministries of justice, and national tuberculosis programmes should collaborate to address this health crisis with comprehensive strategies, including decarceration. National Institutes of Health.

The M in Multiculturalism Stands for Myth: The Performative Idealization in Canada’s Multicultural Policies

As described on the Government of Canada’s online database, the Canadian Multiculturalism Act of 1988 is a piece of federal legislation intended to recognize multiculturalism as a fundamental characteristic of Canadian society and to preserve diverse cultural identities (Ministry of Justice, 2014, p. 1). Despite this promise, the Canadian government has failed to adequately recognize the various cultures that have been assimilated and destroyed in the name of preserving the Canadian identity. Further, many of these communities suffer from the results of institutionally constructed hate that has been directed towards them to this day. Examining the origins of Canada as it developed through the lens of Chinese Canadian and Indigenous communities, this paper will examine how assimilation is encouraged for members of these groups and new immigrants in present-day Canada, most notably in Quebec. By looking at the past and present contexts of Indigenous and Chinese Canadian communities as well as assimilation tactics in Quebec that prevent various emerging cultural identities from developing, this paper will argue that multiculturalism is sold as a performative idealization in Canada.

International Arbitration in China: 2023 in Review

2023 was a year of progress for international arbitration in China, as there was positive activity in the Ministry of Justice, in the Courts, and in the arbitral institutes, each paving the way toward making China a more favourable venue for international arbitration. There were also encouraging developments abroad as several foreign court decisions recognized awards issued in China under the rules of Chinese arbitration institutions, demonstrating increasing global acceptance of awards issued in China by Chinese institutions, such as the China International Economic & Trade Arbitration Commission.With major amendments proposed to modernize its arbitration law, updates of key arbitral institute rules to be aligned with international practices, and judicial and policy measures in aid of arbitration, China has taken concrete steps to strengthen itself as a more modern international arbitration jurisdiction.

채권자취소권 개정방향에 관한 담론

In this paper, I propose a general direction on how to design a new creditor's right to revoke in preparation for the Ministry of Justice's future work on the revision of the Civil Code regarding the creditor's right to revoke. The Ministry of Justice's 2014 Draft of the Civil Code Amendment(hereinafter referred to as the “2014 revised draft”) proposed 11 articles (10 in the Civil Act and 1 in the Civil Execution Act) related to creditors' right of revocation, and sought to promote balanced discipline among creditor, debtor, beneficiaries, and other creditors. However, the 2014 revised draft is completely silent on the problem of logical inconsistency that arose from the combination of the theory of relative nullity, Article 407, and the compulsory execution that restores the registered title to the debtor's name after the cancellation of the fraudulent transfer. Therefore, if it is revised as in the 2014 revised draft, it seems impossible to solve the fundamental problems surrounding the existing creditor's right of revocation system. Accordingly, I have proposed the following opinions. First, it is desirable that the creditor's right of revocation be operated as a system to protect the interests of individual creditors who have filed cancellation suits. Regarding the effect of cancellation, it will be necessary to decide whether to abandon the concept of ‘cancellation’ of fraudulent transfer like Germany and France and adopt a legal structure that only restores the possibility of compulsory execution of the object of the fraudulent transfer by the creditor who has filed the cancellation suit, or to modify the meaning of cancellation according to the responsibility theory view in Korean or Japan so that cancellation has the effect of nullity in terms of liability law, and to maintain the concept of ‘cancellation’ of fraudulent transfer. Whichever way we take, I think it would better than the current case law’s ‘relative nullity theory’ system, which is ambiguous from the very concept itself. If the creditor’s right of revocation is operated as a system to protect the interests of individual creditors who have filed cancellation suits, the effect of cancellation will naturally not extend to creditors other than the creditor who has filed the suit, and therefore it is desirable to delete Article 407. However, if the legislative decision is made to operate the creditor's cancellation right system as a system to protect the interests of all creditors, as in the 2014 revision, it is logical to abandon the relative nullity theory and completely change the effect of cancellation to apply to the debtor or other creditors, as in the 2017 Japanese revised Civil Code, or to construct a theory according to the Japanese theory of responsibility, which holds that if a fraudulent act is cancelled, the effect of transferring the liability property becomes null and void, and this occurs universally and applies to all creditors. The method of restoration and enforcement after cancellation of a fraudulent act must be changed. There was no change in this regard in the 2014 revised draft, and I think this is the biggest problem. Most of the problems surrounding the creditor's right of revocation system can be resolved if the creditor files a suit against the beneficiary or successor, obtains a revocation judgment, and then directly enforces the object of the fraudulent act while it is in the possession of the beneficiary or the successor. In academic field in Korea and Japan, there is a prevailing opinion that the method of compulsory enforcement can be changed by revising the Civil Code or the Civil Execution Act or by utilizing the current system without necessarily establishing a new system such as the compulsory execution lawsuit in Germany, and I agree with this.

BETWEEN PUBLIC AND PRIVATE: URBAN VIOLENCE IN THE CITY OF CAMPINA GRANDE-PB

Urban and rural violence in Brazil affects the development and appropriation of public spaces. Rising crime generates fear, reducing interaction in urban environments and favoring their privatization. Campina Grande, a medium-sized city, faces challenges typical of large centers, such as violence that restricts the use of public areas. This study analyzes how violence influences the appropriation of these spaces, highlighting socioeconomic, legal, and ideological factors that shape their perception and use. The study seeks to understand the impact of violence on quality of life and the right to the city, exploring urban reorganization strategies. The research uses data from public agencies, such as IBGE and the Ministry of Justice, as well as academic sources, to map neighborhoods with the highest crime rates. The study reveals that violence in Campina Grande has fluctuated over the last two decades, with an increase until 2016 and a recent recovery. However, vulnerable areas such as Bodocongó and Malvinas remain impacted, with insecurity and a lack of infrastructure limiting the use of public spaces, reinforcing urban segregation. Even with the reduction in violence rates, the perception of insecurity still hinders social interaction in these places.

Assessing Institutional Performance Using Machine Learning Algorithms

In Middle Eastern nations, social media has grown in importance in influencing political and governmental choices. In Iraq, Facebook is regarded as one of the most widely used social networking sites. The underutilization of this tool for evaluating institutional performance persists. Thus, using sentiment analysis on Facebook, this study suggests a methodology that aids organizations like the Ministry of Justice in Iraq in assessing their own performance. The model makes use of a variety of machine learning methods, including Naive Bayes, Logistic Regression, and Support Vector Machine. TF-IDF (Term Frequency-Inverse Document Frequency) was used to convert the textual data into numerical features, which is essential for effective text analysis. Additionally, features were carefully managed by utilizing both unigram and bigram models. Using datasets from (Facebook pages belonging to the Iraqi Ministry of Justice), a thorough experimental investigation was conducted. The results of our experiments showed that the SVM algorithm produced the best accuracy, at 98.311%. following the suggested model's retention of a few stop words, which was shown to significantly improve the algorithm's performance and guarantee accurate categorization of comments while maintaining the content of the phrase.

Implementation of Best Practices for the Management of Radio-Electronic Signal Blocking Systems: A Case Study at the Ministry of Justice, Peru

Implementation of Best Practices for the Management of Radio-Electronic Signal Blocking Systems: A Case Study at the Ministry of Justice, Peru

The Enhanced Role of the High Judicial Council and the Marginalized Role of the Ministry of Justice

Although the Palestinian legal system is based on the Latin system, the administration of justice in Palestine resembles that of the USA. The judiciary in the Palestinian legal system is a separate branch and manages its own human resources and budget; whereas the judiciary in the continental legal systems, including UK, is dependent on the executive for its administrative and financial functions. The Palestinian High Judicial Council (HJC) is the national administrator of justice. It has its own peculiarities, which is different from those present in most of the European countries, regarding the composition of the council; the body which has the power to appoint the members of the council; the process according to which they are appointed; andthe role of the council. As a result, the role of the Palestinian Ministry of Justice in the administration of justice is marginalized; meanwhile role of the HJC is enhanced. Recently, the Court Administrator Position has been developed to assist the HJC in managing the judicial system.

Russia’s Ministry of Justice Decision to Label 55 Organizations as Extremists: Implications for the Rights of Indigenous Peoples of Russia

On 7 June 2024, the Supreme Court of the Russian Federation fulfilled the demand of the Ministry of Justice to label 55 organizations, including those advocating for the rights of Indigenous peoples, as extremists. This decision has triggered significant anxiety among Indigenous communities and human rights activists. This article examines the nature of this decision, the definitions of extremist and extremist organizations under the Russian law, and the implications of this decision for the rights of Indigenous peoples in Russia.

Пробація в Україні: сучасний стан та особливості реалізації

It was found that the issue of probation is relevant for Ukraine in the context of harmonizing national practice with international standards of judicial proceedings and execution of punishments and improving the functioning of the legal mechanism of the state. The long period of probation in Ukraine is a confirmation of the humanization of the system of execution of punishments and is characterized by a positive experience, given the possibility of a person who has committed an offense to correct himself within the limits of social formation, and the legal restriction of certain rights of a person allows him to fully understand the consequences that deprivation will have for him will It was emphasized that in Ukraine, in 2018, the "Probation Center" was created, which belongs to the sphere of administration of the Ministry of Justice, whose duties include the implementation of tasks of probation supervision, also, a number of normative legal acts were adopted and changes were made to the existing ones, with the aimof prevention of a person’s loss of social significance and his full correction, outside the limits of the institution of execution of punishment. It is noted that Ukraine recognizes and supports international recommendations and standards in the field of execution of sentences regarding the correction of convicts, their resocialization without isolation from society in order to ensure a comprehensive approach to the prevention and fight against crime, as well as the use of alternatives to pre-trial detention and imprisonment on the basis of the court verdict, which proves the high level of development of criminal justice and civil society. Attention is focused on the fact that probation supervision is the main criminal punishment, which consists in limiting the rights and freedoms of the convict, with the use of supervision and socialeducational measures without isolation from society. Such a limitation is determined by law and established by a court verdict. The process of resocialization is important, during which a positive perception of work, social customs, and the convict’s personal culture is formed. For the implementation of probation programs, the Ministry of Justice of Ukraine has developed methodological recommendations, which are divided into meaningful modules, within which thematic classes are held and tasks are performed that contribute to the development of certain social skills of convicts.

Beyond the distance between juridic and scientific decision-making process: An evidence-based prediction algorithm for professional liability assessment in healthcare-associated infections

BackgroundHAIs (Healthcare-Acquired-Infections) have been recently the subject of judgment n. 6386 pronounced on 3rd March 2023 by the Italian Supreme Court. This sentence provided three criteria to determine whether a health facility is responsible for the patient contracting a nosocomial infection, i.e. time criterion, topographical criterion and clinical criterion. Accordingly, the healthcare facility is obliged to prove the fulfillment of a series of preventive hygiene measures specifically detailed by the legislator. Herein, the positive predictive value of these criteria (“juridic criteria”) in the identification of professional liability for nosocomial infections was evaluated in comparison with clinical criteria reviewed by Infectious Disease specialists (“Infectious-Disease criteria”, i.e. presence of a Multidrug Resistant Organism (MDRO); development of surgical site infection; inadequate antibiotic therapy; inadequate disinfection). MethodsTwo retrospective cohorts were compared from the Portal of Telematic Services of the Ministry of Justice; 51 patients were extrapolated from Italian judgments concerning claims for Gram-negative nosocomial infections in the three-year period 2020–2022. On the other side, from the electronic database of University Hospital of Bari we extracted 349 patients affected by Gram-negative infections in the same timespan. Both “juridic” criteria and “Infectious-Disease” criteria were then applied to the full cohort after stratification for cohort of origin and after stratification for nosocomial or non-nosocomial infections. Predictive value of criteria was evaluated through receiver operating characteristic (ROC) curves and area under the curve (AUC). ResultsOverall, the incidence of definite nosocomial infections (according to final judgement or clinical records discharge letter) was 84 % in juridic cohort and 46 % in “real-world” series.Data suggested that the presence of all three juridic criteria [ROC AUC = 0.944 (95%CI = 0.924–0.963)] or the four clinical criteria [ROC AUC = 0.948 (95%CI = 0.928–0.969)] predicted well a case of nosocomial infection with professional liability.Moreover, by summarizing both criteria in a single classification system, the generated ROC curve (was the one with the highest AUC [0.9488 (95%CI = 0.928–0.969)].Accordingly, further tests were performed, evaluating the predictive value of one juridic criterium plus at one of more Infectious-Disease criteria. Interestingly, the ROCs curves demonstrated that the presence of at least 1 juridic criteria plus at least 2 Infectious Disease criteria reached a predictive value comparable to 2 or 3 juridic criteria. ConclusionsThe results highlight the efficiency of new criteria laid down in the judgment of the Italian Supreme Court to attribute liability for nosocomial infection despite the disputed distance between juridic and scientific decision-making process. In addition, the use of a combined score combining “juridic” and “Infectious-Disease” criteria provides a high-quality tool to be used by technical consultants to make up for lack of clinical documentation by passing judgments concerning litigation about professional liability in case of nosocomial infections. This sheds light on the possibility to face worldwide judicial inquiries with scientific rigor.

The impact of negative school experiences on rates of youth delinquency: accounts of incarcerated young people in Türkiye

ABSTRACT The main purpose of this study is to examine the school experiences of incarcerated Turkish young delinquents and reveal how these negative experiences affected their descent into delinquency. In order to carry out the study, official permission to meet with 10 young delinquents, currently being held in the Youth Detention Centre in Ankara (capital of Türkiye) and convicted of various crimes, has been obtained from the Turkish Ministry of Justice. Interviews have been conducted in three separate sessions. Study findings have revealed that the school experiences of young delinquents have been overwhelmingly negative and that they have started committing crimes while still being enrolled in school. Additionally, it has been found that they defied school rules and maintained social connections with individuals engaged in unlawful activities.

ПОСТАНОВЛЕНИЕ МИНИСТЕРСТВА ЮСТИЦИИ КИТАЙСКОЙ НАРОДНОЙ РЕСПУБЛИКИ ОТ 2 МАРТА 2004 ГОДА № 88 «КОДЕКС ПОВЕДЕНИЯ ЛИЦ, ОТБЫВАЮЩИХ НАКАЗАНИЕ В ТЮРЬМАХ»: АВТОРСКИЙ ПЕРЕВОД И КРАТКИЙ СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАКОНОДАТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ

The article contains the text of the author’s translation of the Decree of the Ministry of Justice of the People’s Republic of China dated March 2, 2004 No. 88 «Code of Conduct for Persons serving sentences in Prisons». As part of a brief comparative analysis with Russian legislation, a number of additional duties of convicts under Chinese law are highlighted: to inform the doctor about their illness, to observe discipline and not to violate the treatment regime; to receive psychological help and undergo psychological tests; to repent of the crime committed; not to spread methods of committing crimes; etc.