Participation Rights Research Articles

Early Voter Engagement Through Smart Voting Movement RRI Makassar

General elections target novice voters as a flying vote. Novice voters are those who are eligible to participate in general elections for the first time with a minimum age of 17 years. Among them are class XII SMA/MA or new students. In the 2024 General Election, novice voters as a whole dominated the permanent voter list (DPT) with a number reaching around 56.45% of the total voters. However, the level of voter participation has decreased, due to disappointment in the results of previous elections and local elections. Various problems have resulted in a decrease in voter participation, including the tendency of pragmatic political elites who do not want to know about citizens' participation rights. In order to increase public confidence in domestic democracy, a strategy to increase political participation is needed. The development of Indonesian politics must be known to all citizens, in order to understand the correct political choices and in accordance with decisions without tendency and intimidation according to applicable rules. The research method used is descriptive qualitative method, because it explores the phenomenon in depth. The Smart Choosing Movement (GCM) is effective in increasing political awareness among first-time voters. GCM succeeded in raising awareness of the importance of elections, government functions, and rights and responsibilities as citizens. GCM is effective in increasing understanding of the electoral process, from registration to voting. The program is able to increase the motivation of novice voters to be directly involved in elections.

Struggles for co-determination: Anti-unionism, obstruction of works councils and employees’ counterstrategies in Germany

In recent years, there has been growing evidence in Germany of efforts by employers to obstruct works councils, trade unions and individual employees in the exercise of their participation rights. When such situations arise, the asymmetry of power intrinsic to the employment relationship will put the employee side at a structural disadvantage. Nonetheless, employees have strategic options to regain their legal rights to co-determination. The article examines, firstly, how employers obstruct works councils, trade union representation and collective bargaining. Secondly, it analyses the strategies and practices the employee side uses in response. Based on 28 case studies from various sectors and a total of 87 interviews, the study identifies two broad types of obstruction of co-determination by employers and six key dimensions that characterize employee resistance. The analysis of successful and failed conflicts points to a wide range of the diverse options available to employees.

Home- and Community-Based Services: A Comparison of Brain Injury Waivers Across the United States.

Adults and children who experience brain injury may need services and support when they return to the community. Home- and community-based services waivers are one way to access those supports. Brain injury waivers do not exist in every state, and variations exist in current waivers. This article describes existing brain injury waivers and how they vary by state. States were included if their most recent waiver application was approved by the Centers for Medicare and Medicaid Services. States were excluded if waivers were terminated or expired. Data were collected by analyzing each state's waiver across the areas of diagnosis definition, ages served, self-direction, service setting, persons served, services offered, budget, and assistive technology. Statistical analysis included frequency and descriptive statistics due to the limited number of participants. Each state designs its own waivers. Differences exist in eligibility criteria, services provided, settings, and the rights of participants. Analysis of the waivers showcased differences in all areas. These factors determine which brain injury survivors can receive services from specialized waivers, what services are available to them, where they can receive services, and what rights they can exercise.

Enhancing ethical standards in clinical trials: A deep dive into regulatory compliance, informed consent, and participant rights protection frameworks

This study critically examines the ethical standards governing clinical trials, focusing on regulatory compliance, informed consent, and the protection of participant rights. The purpose is to assess the current ethical frameworks and explore emerging trends that shape the evolving landscape of clinical research. Through a detailed review of existing literature, this paper analyzes how global regulatory bodies and ethical guidelines, such as Good Clinical Practice (GCP) and the Declaration of Helsinki, guide the ethical conduct of trials while identifying gaps that have emerged due to advances in technology and the globalization of clinical research. Key findings reveal that while informed consent remains central to participant autonomy, challenges persist in ensuring true comprehension across diverse populations, particularly in the context of complex interventions and digital tools. The growing use of artificial intelligence (AI), decentralized trial designs, and precision medicine introduces both opportunities and ethical dilemmas, especially regarding data privacy, participant selection, and regulatory harmonization in multinational trials. Conclusions emphasize the need for adaptive ethical frameworks that address the unique risks and benefits associated with these emerging trends. Recommendations include strengthening global regulatory harmonization, enhancing transparency in AI-driven research, and ensuring that participant rights, particularly data security and informed consent, are prioritized in evolving clinical trial designs. These steps are crucial for maintaining public trust and advancing medical research ethically and responsibly.

Advancing Children’s Participation Rights in Healthcare Through Play

Abstract Within the vulnerable clinical context, children’s participation rights are easily compromised in relation to their protection and service provision. Unfortunately, failure to engage children in medical conversations can make this stressful context even more acute. In response to this problem, this Article presents the legal, philosophical and evidence-based arguments for incorporating play as a child-friendly intervention to engage young patients in meaningful participation in clinical settings. Play as the natural language of children can make them receive and assimilate medical information without fear. Play is also a well-recognised mechanism of child agency and their most natural form of participation, and as such can become a springboard for engaging and empowering children in healthcare.

Decentralizing Democracy: Secure and Transparent E-Voting Systems with Blockchain Technology in the Context of Palestine

Elections and voting play a crucial role in the development of a democratic society, enabling the public to express their views and participate in the decision-making process. Voting methods have evolved from paper ballot systems to e-voting systems to preserve the integrity of votes, ensuring a secure, transparent, and verifiable process. Continuous efforts have been made to develop a secure e-voting system that eliminates fraud attempts and provides accurate voting results. In this paper, we propose the architecture of a blockchain-based e-voting system called VoteChain. Developed to support the existing voting system in the state of Palestine, VoteChain aims to provide secure e-voting with features such as auditability, verifiability, accuracy, privacy, flexibility, transparency, mobility, availability, convenience, data integrity, and distribution of authority. The work introduces a smart contract designed to meet the demands of e-voting, governing transactions, monitoring computations, enforcing acceptable usage policies, and managing data usage after transmission. The proposed system also adopts advanced cryptographic techniques to enhance security. VoteChain features a web-based interface to facilitate user interaction, providing protection against multiple or double voting to ensure the integrity of the election. Furthermore, VoteChain is designed with a user-friendly and easily accessible administrator interface for managing voters, constituencies, and candidates. It ensures equal participation rights for all voters, fostering fair and healthy competition among candidates while preserving voter anonymity. A comparative analysis demonstrates VoteChain’s advancements in privacy, security, and scalability over both traditional and blockchain-based e-voting systems.

Positioning participatory rights of victim of crime under International Criminal Law

This paper explores the recognition of victims’ rights in an international armed conflict, tracing it chronologically from the ad hoc tribunals to the modern day international criminal courts and several United nations document duly recognizing the rights and justice for victims. It also throws light on the debate of “Peace swapped with justice” to “Justice swapped with Peace” in the due course of the development of International criminal jurisprudence. In this article, the author shall firstly, analyses if the victims were given the right to participate in the International Military Tribunals; secondly, shall look at the international law that inspired the drafters of “Rome statute” to enable the victims to participate and lastly, shall look at the provisions under the “Rome statute” that enable the victims to participate.

Gender equality in family relations: legal aspects of protecting the rights of women and men in marriage

Gender equality in family legal relations is one of the main foundations of modern legal and social development. The article is devoted to the systematic analysis of the principle of gender equality in family relations as one of the fundamental tasks of the state and society. This study acquires special importance in the context of global political processes, international obligations of Ukraine and its European choice. The theoretical and practical importance of this issue is decisive for legal principles and the development of national society. Implementation of the principles of gender equality in family relations is important not only from the point of view of justice, but also for ensuring the harmonious development of society in general. The article examines the concept of gender equality in detail and determines its impact on the realization of property rights of participants in family relationships. On the basis of an in-depth analysis of scientific provisions, the legal nature of economic relations of spouses and their importance in the science of family law have been clarified. It is emphasized that family legislation reflects the concept of gender, taking into account all aspects of gender issues. Its purpose is to strengthen the principles of egalitarian democracy in the family, to ensure equal opportunities for the realization of constitutional rights, freedoms and duties of both an individual and a citizen. Legal awareness is defined as the basis of the mechanism for ensuring gender equality in Ukraine. The importance of gender equality for achieving stability and harmony in the family and society in general is emphasized. It has been established that there are problems of low legal awareness of citizens in general and specific problems of gender inequality in the country. It has been studied that gender equality in family relations is becoming more and more relevant and necessary in modern society. The meaning of gender equality as equal recognition of rights and opportunities for men and women in all aspects of family life is considered. Through the analysis of the legal aspects of the protection of the rights of women and men in marriage, highlighting the practical aspects of the realization of these rights and the analysis of socio-cultural influences, the formation and application of gender equality in modern family relations has been studied. It was noted that achieving gender equality in family relationships is a complex process that includes both legal and socio-cultural aspects. In particular, this issue is closely related to the fight against gender stereotypes, which can still affect attitudes towards the roles of men and women in the family. Therefore, the effective provision of gender equality in family legal relations requires not only the improvement of legislation, but also a change in public consciousness.

Peran Hukum Kesehatan dalam Melindungi Peserta Program Badan Penyelenggara Jaminan Sosial Kesehatan Berdasarkan Undang-Undang Nomor 24 Tahun 2011

The role of health law is crucial in ensuring the protection of participants in the National Health Insurance (BPJS Kesehatan) program, as regulated by Law No. 24 of 2011. This law provides a legal basis for the implementation of the national health insurance program, which aims to promote the welfare of society by providing equitable access to quality healthcare services. Health law functions to protect the rights of BPJS participants by ensuring that they receive healthcare services that meet established standards without discrimination.Furthermore, this law mandates the state to provide comprehensive and inclusive health insurance. Through the role of BPJS Kesehatan, health law also regulates the supervision and enforcement of accountability from healthcare providers, both in terms of service quality and financial management. Healthcare institutions collaborating with BPJS are required to comply with professional standards and medical ethics, as well as being responsible for patient safety.In the event of violations, health law provides a mechanism for participants to file complaints and seek justice through legal channels. The application of administrative and criminal sanctions for violators is also part of the legal protection efforts for participants. Therefore, the role of health law not only ensures access to services but also guarantees that the rights of BPJS participants are fulfilled in receiving fair and quality healthcare services.

The power of provenance in the records continuum

This paper explores the meaning of provenance in its broader social and organisational context, ambience, through a records continuum lens, bringing a reflexive and critical perspective to records continuum thinking over the past 30 or so years. It begins by introducing key recordkeeping concepts and goes on to explore records continuum theory and the records continuum model, a four-dimensional map of the recordkeeping and archival contexts of creation, capture, organisation and pluralisation. Continuum principles of provenance and ambience are situated in the model. An analysis of how provenance is currently narrowly applied in practice leads into an exploration of the power of ambience and provenance in the continuum. The following sections on Participatory Rights in Childhood Recordkeeping in Out of Home Care in Australia and Living Archives on Country illustrate how these concepts, together with those of multiple, simultaneous and parallel provenance, can be powerful tools in transforming the subjects of records into active recordkeeping agents. The illustrative examples relate to pioneering research on co-designing extensive suites of rights for co-creators of records who were previously relegated to the status of subjects of the record, and Indigenous archival sovereignty. They enable acknowledgement, enrichment, empowerment and coexistence of multiple, even contrary, positions, and provide frameworks for participatory recordkeeping and archiving.

Understanding Ethical Concerns Involving Vulnerable Human Participant Populations in Medical Research: Mixed-Method Analysis of Liberian Ebola Survivors' Experiences in PREVAIL I-VII.

Background: As the number of large-scale outbreaks continues to rise worldwide, clinical trials are increasingly engaging disease-affected peoples within the Minority World (nations with over 80% poverty rates). Yet global health research inadequately addresses potential ethical issues of including impoverished, disease-affected populations and their contextual vulnerabilities in medical research. Objective: This paper presents a mixed-method analysis from our 2022 semi-structured survey capturing the experiences of Liberian Ebola Virus Disease (EVD) survivors serving as study participants in the Partnership for Research on Ebola Virus in Liberia (PREVAIL) clinical trials. Methods: Firstly, we conducted an extensive literature review of the scholarship related to biomedical research and ethical standards protecting study participants to inform our survey method and design. Applying a theoretical framework on vulnerability, we then qualitatively explored the survey responses of 19 EVD survivors' perceptions and experiences taking part in PREVAIL, including their expectations, treatment, delivered benefits, and quality of care. We further quantitatively codified their statements for underlying themes of reported negative experiences against standard ethical regulations in biomedical research, conducting a statistical analysis to inform generalizability. Most of the 19 survivors reported facing extreme ongoing vulnerabilities related to their disease status, including physical impairments, psychosocial stress, and socio-economic inequity. Results: Initially, the survivors tended to experience a sense of hope and pride in volunteering for PREVAIL. One in five participants reported benefiting from PREVAIL's regular medical diagnoses. However, most of their survey responses indicated prevalent negative shared experiences, including continually being confused or misinformed of their study participant rights, roles, and benefits; being burdened by heavy participation transaction costs; and repeated incidents of poor treatment and discrimination by PREVAIL staff after initial recruitment. PREVAIL participant satisfaction ranking is negatively correlated with receiving insufficient financial compensation (r = -0.51), extensive time requirements for each medical visit (-0.40), and being poorly treated by clinical staff (-0.67).

Análisis de la Evolución del Derecho Constitucional en Ecuador: Implicaciones para el Desarrollo Democrático

The study addresses the evolution of constitutional law in Ecuador, focusing on the transformations introduced by the 2008 Constitution and its impact on democratic development. The objective is to analyze how these reforms have changed the country's legal framework, with emphasis on the rights of nature, plurinationality and citizen participation. The methodology employed is qualitative, based on an exhaustive review of relevant bibliographic sources including scientific articles, historical documents and specialized analyses. Among the results, it stands out that, although the 2008 Constitution introduced significant advances, its implementation has been uneven due to structural barriers and political resistance. Despite advances in terms of inclusion and environmental sustainability, hyper-presidentialism continues to limit the development of an effective system of checks and balances. The discussion concludes that, although the Constitution has generated important legal innovations, implementation challenges persist, affecting the consolidation of a more inclusive democracy. The conclusions suggest that institutional strengthening is necessary to ensure that the progressive principles enshrined in the Constitution translate into tangible benefits for Ecuadorian society.

The regulatory and protective nature of administrative and procedural legal relations

The article attempts to analyze administrative and procedural legal relations from the point of view of characterizing the ratio of their regulatory and protective nature.The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.The paper calls into question the possibility of using the protective legal relationship as a basis for distinguishing procedural and material legal relations. The author argues that not all activities and actions that have a protective nature and are carried out in the process of public administration are procedural in nature. The assumption that the emergence of a legal process is connected not only with a protective legal relationship arising from noncompliance with obligations or the occurrence of other situations entailing the use of coercive measures, but also in order to ensure respect for the rights of participants in the process from abuse of power by persons making both interim and final procedural decisions is made. Ensuring the rights of participants in the administrative process is carried out by establishing specific administrative procedural actions, deadlines, administrative procedural decisions, procedural grounds for their adoption, etc. The legal process, including the administrative process, must be considered from the point of view of establishing the truth in the case, but at the same time guarantees must be provided that prevent the abuse of power by on the part of the ruling entity and the right on the part of all participants in the process. At the same time, administrative procedural regulation is aimed not only at establishing legal facts, comprehensiveness, completeness and objectivity of the consideration of an administrative case, but also at protecting the rights of persons involved in the case and ensuring their duties. Hence, the protective nature of administrative and procedural legal relations does not follow from the main substantive legal relationship, but from the corresponding purpose of protecting and ensuring the legitimate procedural rights and obligations of participants in the administrative process.Administrative and procedural legal relations, realizing the regulatory function of law, are formed on the basis of regulatory norms that provide for administrative and procedural rights and obligations of relevant subjects in the consideration and resolution of administrative cases. In addition to the fact that administrative and procedural legal relations are regulatory, they also have a law enforcement character. The regulatory function of administrative and procedural law is expressed in the establishment of not only administrative and procedural actions that should (can) be committed by the subjects of administrative and procedural legal relations when initiating, establishing circumstances, considering an administrative case, but also in their specific sequence, timing of commission, as well as types of administrative and procedural decisions, etc. The protective function of administrative and procedural law is to protect the administrative and procedural rights and interests of all participants in legal relations.Based on the above, the author comes to the conclusion that administrative and procedural legal relations are of a regulatory and protective nature.

The legal nature of crypto assets and its reflection in the civil and tax legislation of the Russian Federation

The article analyzes the legal nature of crypto assets in Russian legislation and the specifics of their taxation, focusing on the need to form a legal framework that promotes effective protection of the rights of participants in the turnover of crypto assets.The methodological basis of the research is the dialectical method, the formal logical method, the formal legal method and the method of interpretation of law.The lack of a unified terminology base in the field of digital economy in Russian legislation creates additional difficulties in creating comfortable conditions for the development of the crypto asset market. Currently used various terms such as “virtual assets”, “digital assets”, “crypto assets”, “cryptocurrency” are not fixed in the current legislation. At the same time, the terms existing in Russian legislation do not allow for effective regulation in the field of taxation and civil turnover, since they intentionally exclude the most common crypto assets from their scope. Without clear and unambiguous legal regulation, it is difficult to ensure proper control and taxation of transactions with crypto assets, which can lead to significant tax losses and a decrease in budget revenues.Moreover, the concept of “digital currency” used in Russian legislation does not correspond to the generally accepted meaning in international practice and is mainly considered in an economic context, rather than in a legal one. Such a discrepancy in terminology creates additional difficulties for participants in the cryptocurrency market and creates obstacles to the formation of an effective legal framework for the regulation of the digital economy. According to the results of the study, it was concluded that the current approaches to the development of the terminological apparatus of the regulation of crypto assets have flaws, since they allow for a mixture of concepts and do not imply the formation of a clear hierarchy. The definition of “the digital asset” is proposed for the purpose of filling existing terminological gaps in the current legislation.

GENDER EMPOWERMENT AND EQUALITY IN NEPAL: CURRENT ANALYSIS

This research has explored the roles, opportunities, decision-making processes, responsibilities, and various issues related to gender and the status of women in society. It compares women with their male counterparts across several areas, including household duties, economic conditions, education, health, political engagement, and community decision-making. The main aim has been to perform a contemporary situational analysis of women’s empowerment and rural development, utilizing both primary and secondary data. The focus is on gender inequality, socio-economic factors, political involvement, and demographic trends. The main findings have highlighted that those women, in their journey towards empowerment, require substantial support from their families, communities, and the nation. They have faced significant barriers to accessing opportunities for income generation, employment, decision-making roles, property ownership, and participation in political processes. The majority of women have been primarily engaged in household duties, contributing to their lower socio-economic status. This research seeks to improve the status of women in the study area by highlighting the importance of government policies and programs that include women in development efforts. Addressing these challenges through empowerment has become crucial not only for improving women's lives but also for fostering economic development within the community and the country at large. Apart from the aforementioned suggestions, Constitutional and Legal Framework, National Plan and Policies, Quotas and Representation, Education and Health, Economic Empowerment, Combatting Gender-Based Violence, and Cultural and Social Change, Education and Awareness have been found the policies to be adopted for the gender empowerment and equality in the present condition of Nepal. Despite these policies, challenges such as patriarchal norms, economic disparities, and implementation gaps persist. Continued efforts are needed to ensure effective enforcement of laws, address cultural barriers, and achieve substantive gender equality in Nepal. Likewise, Legal and Policy Framework, Economic Empowerment, Political Participation, Healthcare and Reproductive Rights, Combat Gender-Based Violence, Media and Communication, Community Engagement and Partnerships, Data Collection and Research, and Monitoring and Evaluation have been identified as the ways of gender empowerment and equality in the present context of Nepal. Implementing these strategies requires commitment and collaboration across government, civil society, the private sector, and international partners. Achieving gender equality is a long-term endeavor that necessitates ongoing effort and investment across various sectors simultaneously.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0702/a.php" alt="Hit counter" /></p>

Understand participation rights of student‐athletes with disabilities

Understand participation rights of student‐athletes with disabilities

KẾT LUẬN ĐỊNH GIÁ TÀI SẢN TRONG LUẬT TỐ TỤNG HÌNH SỰ VIỆT NAM VÀ MỘT SỐ KIẾN NGHỊ HOÀN THIỆN

The 2015 Criminal Procedure Code introduced asset valuation conclusions as a new type of evidence, crucial in resolving criminal cases. This article examines the criminal procedure stipulations and identifies current legal shortcomings concerning asset valuation conclusions, including their types, content, format, and the rights of participants regarding these conclusions. From this analysis, the authors propose recommendations to enhance the Vietnamese criminal procedure law, particularly in reforming evidence sources like asset valuation conclusions.

Тенденції розвитку законодавства та доктрини приватного права про підприємницькі юридичні особи

The scientific article raises the question of outlining the direction of development of civil and corporate legislation of Ukraine regarding legal entities in general and business, in particular. The definition of legal forms of legal entities in the light of the recodification of the Civil Code of Ukraine. The author of the article supports the idea laid down in the Concept of updating the Civil Code of Ukraine in the part that the legal regulation of organizational and legal forms should be developed in the direction of a closed list of organizational and legal forms of legal entities– societies and institutions. The need to systematize those legal entities that are part of the legal form of «institution» is emphasized, because institutions, funds, and individual legal entities of public law operating in the legal form of the institution differ in their legal status and are not sufficiently regulated today. It is concluded that it is necessary to strengthen the role of the Civil Code of Ukraine in determining the legal status of legal entities of public law by enshrining in the Code norms that would indicate the fundamental nature of the provisions of private law in regulating the organizational and legal forms of legal entities of public law. It is noted that the basis of understanding the concept of an entrepreneurial legal entity are two criteria: activities for profit and its subsequent distribution between participants; the emergence of the founders of a special type of property and personal rights, which are called corporate rights. It is indicated on the need to distinguish between corporate and membership legal relations arising in entrepreneurial and non-entrepreneurial societies. In the article, due to the application of the criterion of «degree of completeness of rights», it was concluded that there are no grounds for identifying membership and corporate legal relations. The content of membership rights in non-entrepreneurial societies is non-property rights, that is, one of the elements of the corporate rights of participants in entrepreneurial societies. Certain property interests, if any, arise in non-entrepreneurial societies, as a general rule, fit into the design «not to get more than invested». It also emphasized the need to improve Art. 961 of the Civil Code of Ukraine regarding the definition of corporate rights, the need to determine the degree of detail of regulation of entrepreneurial legal entities at the level of the Civil Code of Ukraine, in particular in terms of returning to the structure of the Civil Code of Ukraine the norms on joint-stock companies and limited and additional liability companies.

Правовий статус страховика як учасника договірних страхових відносин

Despite the regulation of insurance relations by Ukrainian legislation, due attention from both scientists and legislators requires the issue of improving the legal status of participants in insurance relations, determining their place in such relations in order to effectively protect their rights and interests. The purpose of the article is to study the legal status of the insurer as a participant in insurance contractual relations, analyze existing approaches to its determination, establish the features of the insurer's legal personality and provide proposals for further improvement of legislation in this area. A characteristic feature of an insurance contract as an independent type of civil legal obligations within the group of contracts for the provision of services is that the conclusion of insurance contracts is directly the subject of activity of specially authorized participants in civil relations – insurance organizations (insurers). It has been established that the insurer, as a participant in insurance contractual relations, is a legal entity that, being specially created to provide insurance services and having received a license for this in the prescribed manner, undertakes the obligation, in accordance with the terms of the contract or an indication of the law, to provide insurance to the insured for a certain fee, to carry out an insurance payment (insurance compensation) to the insured or beneficiary as a result of the occurrence of a certain event (insured event). In insurance contractual relations, the insurer can only have a legal entity on its side, which is empowered to carry out insurance activities only after receiving a special permit (license), which indicates that legal entities - insurers have special legal personality. An insurance organization is endowed with the general legal capacity of a legal entity with a special scope of legal capacity as a financial institution. Attention is drawn to the fact that a significant factor in the modernization of the civil legislation of Ukraine today is the global trend towards unification and harmonization of private law regulation, the formation of optimal legal norms for many areas of private law relations, including insurance. In this regard, the need is justified to determine at the legislative level the requirements for the insurer when it carries out certain types of compulsory insurance, which have their own specifics and provide for the creation of increased guarantees of protection for those persons who, due to objective circumstances, are exposed to increased risk and the extension of insurance protection to cases possible violation of public interests by the method of guaranteeing receipt of insurance payment (insurance compensation). It is concluded that the recodification of the civil legislation of Ukraine opens up prospects for a qualitative update of the legal regulation of insurance contractual relations and will contribute to the development of the provision of insurance services, strengthening of legal institutions in the field of insurance, raising the standards of providing insurance services and ensuring adequate protection of the rights of participants in insurance relations

Criminal Procedural Function of the Prosecutor when Terminating a Criminal Case with the Imposition of a Court Fine

In the article is analyzed the role of the prosecutor in terminating a criminal case with the imposition of a criminal law measure in the form of a court fine. Attention is drawn to the fact that the traditional understanding of procedural functions can be changed in relation to this participant in criminal proceedings when it comes to releasing a person from criminal liability. The reason is the processes of functional convergence, which contribute to the unification of the supervisory function and the function of criminal prosecution when deciding to terminate a criminal case with the imposition of a court fine. The participation of the prosecutor is mandatory in the court hearing when a criminal case is terminated on this basis; the prosecutor also approves the request of the investigator, due to the fact that today only the court can impose a court fine, but the criteria by which the decision is made cannot be objectively established in criminal law, therefore the prosecutor acts as an additional guarantee of the protection of the rights of participants in criminal proceedings and the legality of the court decision.