Preventive Justice Research Articles

Судебная власть в системе средств защиты прав и свобод человека и гражданина

The article is devoted to the study of a number of problems related to the role of the judiciary in the system of means of protecting the rights and freedoms of man and citizen. The author substantiates the point of view that justice differs favorably from other human rights means by being connected by law and law in the substantive and procedural senses, which guarantees the true dominance of legal forms over extra-legal ones. Even if extrajudicial state authorities or local governments exercise their powers in order to realize the legitimate interests of rights holders, such activities should be based on the concept of preventive justice. Any illegal action or inaction of authorized subjects of the state apparatus is under the protective influence of the constitutional institution of subsequent judicial protection, if the right holder considers it necessary to resort to this form when other means have been exhausted.

The Role of the Notary in the Implementation of the Provisions of the Judicial Statutes of 1864

The judicial statutes of 1864 consolidated the provisions on the reform of not only the court, but also a number of other institutions, then attributed by the legislator to the judicial system. A significant place among them was taken by the notary. The inclusion of the Provision on the Notarial Part in the composition of Judicial Charters, and notaries in the number of judicial officers meant that the latter were endowed with the function of preventive justice. Notaries were considered as persons authorized to prevent disputes by their actions, and sometimes to facilitate their resolution. At the same time, the role of notaries in the implementation of Judicial reform is not sufficiently disclosed by domestic researchers. The author analyzes the activities of notaries in general and a number of individual notarial actions directly aimed at assisting judicial authorities. The article presents a complete list of notarial actions that were consulted by notaries in accordance with the provisions of the Judicial Reform. The author comes to the conclusion about the significant contribution of the notary to the activities of the post-reform court and the formation of the judicial system after 1864, as well as the key role of Judicial reform in the development of the institution of the notary in Russia.

The criminalisation of travel as a global paradigm of preventive (In)justice: Lessons from the EU response to ‘foreign terrorist fighters’

This article aims to evaluate critically the evolution of the preventive paradigm of security law by focusing on the criminalisation and surveillance of mobility which has been labelled as ‘terrorist travel.’ The article will highlight the impact of the political imperative of tackling the phenomenon of ‘foreign terrorist fighters’ on the emergence of a global preventive paradigm of criminalisation of travel. The article will focus on the establishment of a preventive paradigm of criminalisation of travel in EU law, and its interactions with the global governance of counter-terrorism as renewed by the fight against ‘foreign terrorist fighters.’ The first part of the article will focus on the emergence of a multi-level paradigm of criminalisation of ‘terrorist travel’, while the second part will focus on the surveillance of travel through the collection, transfer and analysis of passenger name record (PNR) data. The article will cast light on the role of the political rhetoric on the fight against ‘foreign terrorist fighters’ in the evolution of this paradigm and highlight the challenges that this multi-faceted system of criminalisation and surveillance of travel pose for fundamental rights and the rule of law. A key challenge in this context is the extent to which the European Union is able to uphold its internal fundamental rights and rule of law safeguards in the evolution of a global paradigm of criminalisation of travel.

Fundamental rights control when implementing predictive policing – a European perspective

ABSTRACT The paper approaches preventive justice and big data from a predictive policing point of view. Predictive policing is a controversial technology because of the many risks it imposes on fundamental rights. Through use cases from the EU, the paper focuses on how the implementation of predictive policing technologies has been limited in the EU but also how difficult the limitations might be due to the high hopes set upon technology. Although predictive policing technologies are not yet used in Finland by the police, the paper discusses how the use of police powers is limited in Finland and how fundamental rights control in the democratic process will work if the police were willing to adopt such technology.

Preventive Justice? Domestic Violence Protection Orders and their Intersections with Family and Other Laws and Legal Systems

Preventive Justice? Domestic Violence Protection Orders and their Intersections with Family and Other Laws and Legal Systems

NOTARIAL PROCESS IN THE UKRAINIAN LEGAL SYSTEM

The active development of economic and social relations within the state necessarily leads to and conditions the development of national legislation in order to meet the latest modern demands of society. These processes inevitably lead to an increase in the legal and social status of the notary institution in Ukraine, not only as a body of preventive justice, but also as a human rights institution. The powers granted to notaries are fundamental in the system of protection of citizens' rights, because the protection of the rights and freedoms of citizens is the task not only of state authorities, but also of other institutions of society and the state.Keywords: notarial process, notarial proceedings, subject of notarial process, notarial form, notarial procedure, notarial action.

The EU external border as a site of preventive (in)justice

AbstractThe aim of the article is to fill a gap in the literature on the externalisation of immigration control by focusing not on practices of extraterritorial immigration control but on the externalisation of immigration control at the EU external border. The article will examine four parallel and inter‐related trends of preventive injustice on the border: the denial of law and pushbacks, and their handling by judicial authorities and EU institutions and agencies; the emerging framework of the instrumentalisation of migration; the normalisation of border procedures based on the fiction of ‘non‐entry’; and detention of third‐country nationals at the border, to back up non‐entry policies. The article will highlight the rule of law deficit such externalisation entails.

The Elusive Concept of Dangerousness: The State of the Art in Criminal Legal Theory and the Necessity of Further Research

Preventing future crime has become an increasingly dominant function of the criminal law of many liberal democracies. This “preventive turn” has led to a profound debate on the legal and ethical boundaries of the “preventive state.” However, the concept at the core of preventive justice—the dangerousness of the offender—has attracted relatively little attention in the current debate. This is remarkable, as the legal establishment of dangerousness permits intrusive preventive measures, such as preventive detention for an indeterminate period of time. In the past, various concepts of dangerousness have been developed by criminal law scholars. We discuss these concepts in a chronological order to demonstrate how the meaning of dangerousness has evolved over time, and how it has been shaped by concurrent developments in forensic psychiatry and penology. Our description of the state of the art of legal scholarship on the concept of dangerousness also shows the lack of a fully developed theory of dangerousness, and therefore the necessity of further research. We identify five “aspects” of the concept of dangerousness on which scholars have widely diverging views. These five aspects are intended to guide further research on the concept of dangerousness in preventive criminal law.

Comparing panic alarm systems for high-risk domestic abuse victims: a randomised controlled trial on prevention and criminal justice system outcomes

Comparing panic alarm systems for high-risk domestic abuse victims: a randomised controlled trial on prevention and criminal justice system outcomes

СУЧАСНІ ПРЕВЕНТИВНІ СТРАТЕГІЇ СПРЯМОВАНІ НА ЗАПОБІГАННЯ ЗЛОЧИННИХ ДІЙ

In recent decades, not only the institution of punishment has undergone significant transformations, turning from a means of responding to criminal offenses into a preventive mechanism. In addition to punishment, the criminal justice system uses a wide range of other coercive measures, the main objective of which is prevention. In order to distinguish between these two types of coercion, the term "preventive justice" was proposed to denote a set of state coercive mechanisms aimed at ensuring anti-criminal security. It should be noted that the problems that are considered within the framework of "preventive justice" are not new, characteristic of the 21st century. The need to prevent criminal offenses committed by "habitual" or professional offenders and the difficulties that the criminal justice system faces in solving this problem were of interest to lawyers and criminologists in the XIX and XX centuries. However, the renewal of interest in this issue is associated with the transformation of modern society into a "risk society", in which securitization, bringing to the fore the problems of risk and security is becoming increasingly widespread. Recently, more and more foreign criminologists have come to the conclusion about the limited capabilities of the official system of fighting crime. First of all, this was due to the constant increase in the cost of this struggle. This circumstance gave impetus to the study and analysis of informal social control measures. Such activities fall under the general category of "crime prevention", which covers a very wide range of possible measures. Despite the significant progress made in the last ten years, states have to face many problems that impede the full potential of crime prevention. These are mainly the result of unresolved ethical issues, implementation difficulties and technical difficulties in evaluating the effectiveness of crime prevention. Therefore, modern preventive crime prevention strategies are mainly recognized in developed countries. This situation is likely to change as a result of the widespread dissemination of information about the theory and practice of crime prevention.

Адміністративно-правове регулювання нотаріальної таємниці в Україні

The article is devoted to the issue of administrative and legal regulation of notarial secrecy in Ukraine. Analyzing the issues, we note that this issue becomes especially important in terms of legal reform of the country. The interests of man as a subject of society must be an important aspect of such a state. The main issue of building the rule of law should be the protection of the rights and legitimate interests of individuals and legal entities, which is the legal regulator of the state and level of development of civil society. Today in Ukraine there are many scientific discussions about the institute of notary, because in the current conditions of society, the profession of notary has taken a special place among the legal professions. Preservation of notarial secrecy strengthens public confidence in the notary and is one of the important rules of the notary, which ensures its authority, protection of notarial secrecy is a guarantee of notarial acts performed by notaries activities. Today, the legal system of Ukraine is in a state of comprehensive reform, which is due to the construction of a social, democratic, legal state. The world is undergoing constant changes of a legal nature, which also affect the domestic institution of notaries, and therefore some of its elements will always need to clarify the legal nature, nature and relationship with government and civil society. Every day, thousands of citizens and representatives of legal entities apply to notaries and officials entrusted with the performance of notarial acts on the basis of transaction certificates or other notarial acts. Since its inception, the notary is a unique institution of preventive justice, designed to ensure the clear realization of the rights and legitimate interests of participants in civil traffic in order to prevent the latter from appealing to the courts for protection. Carrying out notarial acts on behalf of the state, notaries are a key part of an effectively functioning legal system and an integral part of a democratic state governed by the rule of law.

ON SOME ASPECTS OF THE METHODOLOGY OF COMBATING THE IDEOLOGY OF TERRORISM AND CYBERTERRORISM IN THE AMONG RUSSIAN UNIVERSITIES (ON THE EXAMPLE OF THE ALTAI STATE UNIVERSITY)

After the pandemic of the new coronavirus infection, marked by the «lockdowns’ of 2020, the crimesituation both in Russia and in the world has reached a qualitatively new level. We can say that the thresholdof population tolerance predicted at the 12th UN Congress on Crime Prevention and Criminal Justice byV.V. Luneev. Once again, the dialectical law on the transition of quantitative changes to qualitative ones wasconfirmed. It should be noted that this process continues to increase its pace in 2021: all large branches ofcrime are going into cyberspace. On this basis, the strengthening of the interaction of civil society institutionsand law enforcement agencies, especially among the youth, is becoming increasingly important. It is youngpeople who are a potential «risk group» in terrorist and cyber-terrorist crime, primarily as an object ofrecruitment. But it is young people who are the most active users of information and telecommunicationnetworks, including the Internet. In this regard, it seems that the priority lies precisely in the environment ofcivil society institutions that directly work with young people. And one of the main institutions is secondaryand higher education, and it is the network of universities that can become the flagship of the formation ofanti-terrorist ideology and skills in countering cyber terrorism.

Our Relationships Carry the Movement

AbstractThe radical HIV prison activist movement has always been, in practice, an abolitionist movement. Set in Philadelphia in the early 2000s, this article centers the relationships through which leaders of ACT UP Philadelphia, the Philadelphia County Coalition for Prison Health Care, TEACH Outside, and Project UNSHACKLE worked to transform the social conditions for which prisons have been posited as the solution and to create a prison-free future in real time. Its pages unfold a three-part methodological toolkit for HIV prevention justice. First, harm reduction demands that one show up and provide relief, no questions asked. Second, mutual aid grounds the forging of new social relations that are more survivable than those produced by HIV stigma, mass criminalization, and organized abandonment. Third, transformative justice offers both a vision and a practice for challenging criminalization in all its intimate, communal, and structural forms, and building a racially just and strategic HIV movement.

Dangerous Liaisons. Potentialities and Risks Deriving from the Interaction between Artificial Intelligence and Preventive Justice

It is possible that in the future we could be inclined to see the things differently. The development of AI systems in increasingly refined ways for the administration of justice, and specifically for criminal justice, may lead to change most scholars’ perspective, and convince them that AI instruments may improve significantly the quality of judicial decision-making in criminal trials, and in the other stages of punitive criminal justice. There is a field, however, where AI systems may be of great help just now, as they are at the current time, and this is what is addressed as preventive justice. With this term - as Ashworth e Zender affirm in their seminal work - it is intended the whole set of “measures taken by the state in order to reduce risks to harm”. Such measures are usually not considered as belonging to one single area of the law, being them in part included in procedural criminal law and policing (for example pre-trial detention orders; searches and seizures; stop and frisk); in civil law (civil preventive orders or actiones in rem); in substantive criminal law (preventive sentencing, but also preventive criminal offences, as inchoate offences or crimes of attempt and conspiracy, substantive offences defined in an inchoate mode) in other specific areas of the law (counterterrorism; immigration; football stadium violence; public health law; etc.).

Antipodean perspectives on preventive justice: The High Court and Serious Crime Prevention Orders

ABSTRACT Preventive justice as a field of scholarship emerged in response to the proliferation of preventive measures in the later part of the twentieth Century, and the threat preventive measures pose to individual liberties. Collectively, this scholarship seeks to articulate principled limits on state action to prevent harm. However, preventive justice remains an emergent field of scholarship, with many outstanding questions about its scope, utility and the expediency of its normative project. In the decision in Vella v Commissioner of Police (NSW) (2019) 93 ALJR 1236, the High Court, for the first time, engages with preventive justice scholarship. This article examines how the distinctions between the majority and minority treatment of the Kable principle in Vella illuminate many of the debates and challenges raised in the literature on preventive justice, the implications of this division across the Court and what it means more broadly for preventive justice in Australia.

Нотариальный округ на федеральной территории

In connection with the creation of the federal territory ≪Sirius≫ the article provides an analysis of the proposed public authorities, taking into account the function of preventive justice performed by the Russian notary.

Конфликтологическая компетентность в нотариальной практике

The article is devoted to the problem of conflict prevention in notarial practice. Notarial activity, referring to the “person-to-person” system, requires notaries to develop conflictological competence as a necessary component of notarial activity in the framework of preventive justice.

Preventive justice: Exploring the coercive power of community protection notices to tackle anti-social behaviour

Community Protection Notices (CPNs) are civil preventive orders used in England and Wales to prevent and/or require specific behaviour by an individual or organisation, where existing conduct has a ‘detrimental impact on the quality of life of those in the locality’. Breach of the notice results in a £100 fine under a Fixed Penalty Notice or a possible criminal conviction. To date, CPNs have tackled an array of perceived anti-social behaviours, ranging from rough sleeping to overgrown gardens. Using Ashworth and Zedner’s preventive justice as an analytical framework, our research qualitatively explores recipients’ experiences of this new tool for the first time. The findings highlight how the operationalisation of CPNs extends the coercive power of the state, with a range of negative consequences relating to the concepts of disproportionality, due process and accountability. We also offer three empirically-grounded recommendations for reforming CPN practices.

Перспективы упрощенного судопроизводства в уголовном процессе

В статье проанализированы задачи упрощенного судопроизводства. Рассмотрены формы упрощенного производства как «суммарное производство» (Англия), «сделка о признании вины» (США), «условный отказ в возбуждении уголовного преследования», «уголовный приказ» (Франция), «ускоренное производство» (Германия). По результатам изучения моделей упрощенного судопроизводства разработаны и предложены пути внедрения в отечественное законодательство.

Public Security Derogations to the Free Movement of EU Citizens and Preventive Criminal Law: A Collision between Ever-Expanding Concepts?

The threat of foreign terrorist fighters has led to the development of preventive criminal law on an international and European level. The EU Directive on combating terrorism can have two impacts on the free movement of EU citizens. It directly calls upon Member States to criminalise the act of travelling, as well as other conduct that may be connected to a terrorist offence. In addition, ecj case law accepts EU criminal law as a basis for public security derogations against free movement. Therefore, the commission of any of the acts criminalised in the EU Directive on combating terrorism could be used as a reason to restrict the exercise of free movement by EU citizens. When Member States begin to adopt these measures, litigation on the balance between preventive criminal justice and free movement of EU citizens will increase.