Principles Of Procedure Research Articles

PRINCIPLES OF PROCEEDINGS IN A CONSTITUTIONAL COMPLAINT

The constitutional complaint was introduced into the Polish legal order with the entry into force of the Constitution of the Republic of Poland of April 2, 1997. In accordance with the will of the legislator, the Polish model of a constitutional complaint has been shaped as narrow, both in the sphere of the objective scope, which by definition includes normative acts, and the scope of complaint protection granted to the complainant, which is of a limited nature. The doctrine rightly emphasizes that the Constitution of the Republic of Poland has relatively broadly defined the system of individual freedoms and rights, thus giving them the rank of constitutional fundamental rights. The effective implementation of these rights depends on the provision of effective means of their protection. Among the latter, the constitutional complaint comes to the fore as a special, extra-instance and extra-judicial means of legal protection, opening an individuals access to the Constitutional Tribunal. The principles determining the proceedings before the Constitutional Tribunal include the principle of the right of citizens to court, the principle of material truth, the principle of equality, the principle of availability, the principle of constitutional legality, the principle of adversarial procedure, the principle of openness of proceedings, the principle of collegiality, the principle of directness, the principle of orality, the principle of concentration evidence, and finally the principle of procedural formalism.

Revitalisasi Nilai-Nilai Islam pada Manajemen Madrasah: Sebuah Upaya Aktual dalam Menghadapi Ancaman Resesi 2023

The threat of a recession in 2023 will not only hurt the economic aspect but also harm the educational dimension. Madrasas, as an educational institution, should be prepared to face the challenges and threats of the upcoming recession, even though this threat has not yet surfaced. One of the preventive measures that can be taken is to re-implement the urgency of Islamic values in madrasah management as an actualization in preventing the adverse effects of the 2023 recession. Considered when facing a period of disruption such as a recession. The articles in this study used the systematic literature review method with the principle of the general literature review procedure. The techniques used are coding, initial coding, and open coding by means of identification, selection, classification, evaluation, and synthesis of primary and secondary literature. As for the results of the systematic literature review that has been carried out, it shows that madrasahs, in the face of a recession, need to do the following: The first is to instill ascetic values in the madrasah system. Second, implementing sharia-based financial management. Third, reconstructing ukhuwah Islamiyah solidarity. Fourth, rejecting the usury system and transactions that are unlawful. Fourth, rebuild the transparency and accountability of madrasahs in the face of a recession. Fifth, re-implement the system of efficiency and savings in madrasas so that the danger of recession can be prevented.

IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL JUSTICE IN THE ACTIVITIES OF A SPECIALIST AND A FORENSIC EXPERT: PROBLEMS AND PROSPECTS. Part 2.

The presented work continues to consider the issue of compliance with the constitutional principles of justice, in the activities of a forensic expert and specialist, which are enshrined in criminal procedure legislation and other legal acts. The first part of this work was devoted to the legal analysis of the activities of a specialist in criminal proceedings. It indicated that according to the criminal procedure legislation, two types of them can be distinguished: - specialist; - employee of an authorized unit of a law enforcement or special state body of the Republic of Kazakhstan. The reasoned conclusion is made that the presence of specialists in departmental subordination contradicts the principles of justice enshrined in the Constitution of the Republic of Kazakhstan, and also violates the principles of criminal procedure established in the CPC of the Republic of Kazakhstan. The proposed continuation of the conducted research is devoted to the disclosure of the legal content of the forensic expert in accordance with the current legislation. A retrospective analysis of the formation and development of forensic expert activity as part of one state body is made in order to strengthen the true independence of forensic experts from the departmental influence of criminal prosecution bodies. The issues of professional competence of forensic experts are revealed through the prism of their formation and training. The main content of forensic expert research is the system of methods used in the study of objects of forensic examination, which is given due attention in this publication. Speaking about the positive aspects of forensic experts, the shortcomings that, according to the author, do not contribute to strengthening the principles of justice in criminal proceedings were not ignored. Based on the results of the conducted research, reasoned proposals are made aimed at improving the activities of a specialist and a forensic expert. Therefore, this work has been prepared in the context of the direction in which "it is important to continue taking measures aimed at modernizing forensic expertise".

HALALAN TAYYIBAN IN AQUACULTURE PRACTICE – A CASE STUDY ON PARASITE IN HATCHERY


 
 
 
 Halal is an important issue in aquaculture since this industry produces food for human consumption. This paper aimed to discuss the procedures and practices in the current aquaculture in relation to the concept of halal as a subject while tayyib is a process where clean and pure food will be produced and gives comfort to the user or consumer, thus the product is recognized and certified as Halala Tayyiba. Fish brood stock obtained from a river and kept under a hatchery condition was assigned for the case study. The ectoparasite species found on Tilapia under hatchery cultured condition was investigated. The weight and total length of the Tilapia were measured, and mucus coating was swapped to 10% buffered formalin using the scraping technique. The morphology of copepod parasites was observed under a compound microscope for identification. Hosts with infection of ectoparasite showed reduced weight and increased mortality. A comprehensive understanding of the importance of adopting Halala Tayyiba principles in aquaculture procedures will improve the aquaculture product thus bringing forward local farmers in the halal supply chain. 
 
 
 

Judge’s Recusal as One of the Guarantees of Fair Criminal Trial. A few Remarks in the Context of Articles 40 and 41 of the Polish Penal Code

The article presents the issue of recusal of a judge as one of the guarantees of a fair criminal trial. The author presented in the first part of the text the question of recusal of a judge under Articles 40 and 41 of the Code of Criminal Procedure in historical perspective. Looking from that perspective, she analysed the fundamental context of recusal of a judge in view of procedural principles, namely the impartiality and independence of the judge, and the function of judge’s recusal. Finally, she presented conclusions for the currently applicable law and proposals for the law as it should stand and the consequences of admitting a judge affected by recusal under Article 40(1) or (3) of the Code of Criminal Procedure.

ANALYSIS ON CONSTITUTIONAL COURT DECISION NO. 96/PUU-XVIII/2020 FROM THE PERSPECTIVE OF CRITICAL LEGAL STUDIES THEORY

The establishment of the Constitutional Court is driven by a serious effort to protect the constitutional rights of citizens and uphold the constitution as the highest norm. Constitutional Court Decision No. 96/PUU-XVIII/2022 on the material review of Article 87 letters A and B of Law No. 7/2020 on the Constitutional Court, from the perspective of legal positivism, indicates that the Constitutional Court has exercised its authority in accordance with the governing law. Critical Legal Studies theory, as a branch of legal philosophy, offers a different perspective in evaluating legal products. This research aims to: first, understand the reasoning of the Constitutional Court judges in deciding the case; and second, assess the Constitutional Court's decision from the perspective of Critical Legal Studies theory. The research method employed is doctrinal research with a philosophical approach. The findings of this study reveal that the Constitutional Court ruled that the petitioner's argument concerning Article 87 letter A of Law 7/2020 is legally justified and no longer has binding legal force since the pronouncement of this Decision. However, the petitioner's request regarding Article 87 letter B of Law 7/2020 is deemed legally unjustified. According to the analysis of Critical Legal Studies theory on Constitutional Court Decision No. 96/PUU-XVII/2020, it is evident that there is a dominant ideology influencing the judges' considerations in the decision. The Constitutional Court merely relies on subjective values in deciding the case, disregarding procedural legal principles and pretending to maintain neutrality. The judges' reliance on political institution testimony demonstrates the inseparability of politics and law. The statement in the verdict regarding the selection of the Chairperson and Deputy Chairperson, who can only be reelected nine months after this decision, serves as evidence that the Constitutional Court aims to avoid any disadvantages and indirectly ensures the current Chairperson and Deputy Chairperson will continue to hold their positions.

Analysis of criminal procedural principles in first instance courts in the Republic of Moldova

Within a democratic state and the rule of law a separate and very important role is played by the courts. The judiciary is the third power in the state, whose duty is to determine cases of violation of the rules of social coexistence, to resolve disputes arising between the subjects of the law, as well as other duties provided by the legislation in force. The courts are the main subject of the criminal process, because they fulfill the duties of judging and resolving criminal cases. The trial in the first instance is a stage that takes place after the criminal investigation stage and is the most important for the simple reason that it decides whether the person will be limited in certain of his rights or not. The basic purpose of this paper is the study regarding the presentation of evidence in court, focusing on the judicial analysis of the principles of the criminal process.

Soft-Tissue Filler for Secondary Nasal Deformities.

One common indication for soft-tissue filler in the nose, or liquid rhinoplasty, is the temporary treatment of secondary nasal deformities after rhinoplasty. Multiple aspects of the patient evaluation, timing with respect to the previous rhinoplasty and planned revision, and procedural principles and steps must be carefully considered. When appropriately implemented, the procedure can help avoid unnecessary patient angst and displeasure before a formal revision rhinoplasty. In this article, the authors review the principles and application of soft-tissue filler for secondary nasal deformities.

Participation of the Defender in the Pre-Trial form of Appeal

Relevance. Appeal in criminal proceedings is extended to all stages and proceedings. The right to appeal has been elevated to the rank of a criminal procedural principle and is included in the procedural status of almost every participant. The scale of the implementation of the right to appeal, the lack of uniform practice and its proper provision determine the relevance of research in this area. A special place in the system of ensuring the right to appeal is occupied by the defender, who does not always have both sufficient powers and means of their implementation.The purpose of the study is to determine the optimal legislative regulation of the procedural status of a defender in a pre-trial criminal procedural appeal.Objectives: study of theoretical developments and provisions of criminal procedure legislation in terms of regulating the procedural status of the defender in the field of appeal; development of the author's position on the proper and possible procedural position of the defender in this area.Methodology. Traditional general scientific, private scientific and special methods were used.Results. A set of new knowledge about the procedural potential of a defense lawyer in criminal procedural appeal at the pre-trial stages of criminal proceedings.Conclusions. To optimize the procedural regulation of the defender's status and to ensure proper assistance to the principal in the implementation of appeal actions. It is offered: supplement Part 5 of Article 125 of the Code of Criminal Procedure with the powers of the court to decide on the return of the complaint for its resubmission; determine the specific grounds for leaving the complaint without consideration (adding Article 125 of the Criminal Procedure Code of the Russian Federation with a new part 5.1); supplement the content of Article 123 of the Criminal Procedure Code of the Russian Federation with a new part 1.1 – requirements for drawing up a complaint.In the field of appeal, it is necessary to actively introduce digital resources. To do this, it is necessary to establish additional requirements for the design and content of an electronic complaint, to ensure the preservation of attorney-client confidentiality when forwarding, storing an electronic document, archiving it, etc.

The idea of evolution in digital architecture: Toward united ontologies?

Humans have always sought to grasp nature’s working principles and apply acquired intelligence to artefacts since nature has always been the source of inspiration, solution and creativity. For this reason, there is a comprehensive interrelationship between the philosophy of nature and architecture. After Charles Darwin’s revolutionary work, living beings have started to be comprehended as changing, evolving and developing dynamic entities. Evolution theory has been accepted as the interpretive power of biology after several discussions and objections among scientists. In time, the working principles of evolutionary mechanisms have begun to be explained from genetic code to organism and environmental level. Afterwards, simulating nature’s evolutionary logic in the digital interface has become achievable with computational systems’ advancements. Ultimately, architects have begun to utilise evolutionary understanding in design theories and methodologies through computational procedures since the 1990s. Although several studies about technical and pragmatic elements of evolutionary tools in design, there is still little research on the historical, theoretical and philosophical foundations of evolutionary understanding in digital architecture. This paper fills this literature gap by critically reviewing the evolutionary understanding embedded in digital architecture theories and designs since the beginning of the 1990s. The original contribution is the proposed intellectual framework seeking to understand and conceptualise how evolutionary processes were defined in biology and philosophy, then represented through computational procedures, to be finally utilised by architectural designers. The network of references and concepts is deeply connected with the communication between natural processes and their computational simulations. For this reason, another original contribution is the utilisation of theoretical limits and operative principles of computation procedures to shed light on the limitations, shortcomings and potentials of design theories regarding their speculations on the relationship between natural and computational ontologies.

Judgment Based on Agreement of the Parties: Analysis from the Perspective of Practitioners’ Experience in Croatia

The paper contains an analysis of judgments based on agreement of the parties, a Croatian model of plea bargaining, drawing on the experiences of three groups of practitioners: judges, state attorneys, and defence counsels. Previously conducted comparative legal analysis, as well as analysis of the Croatian normative framework and jurisprudence, was not able to provide answers to a number of questions about the motivation of the parties to negotiate, on the negotiation procedure which is not recorded in the protocol, about the real and the ideal role of the court, and about the real position of the parties and the victim. Hence, these issues were researched through semi-structured interviews with 60 practitioners and then further discussed in four focus groups. Some of the findings uncovered systemic inconsistencies in everyday legal practice in a number of areas. For instance, judgment based on agreement of the parties is more readily used in cases of serious offences, while other consensual forms of proceedings tend to be used for less serious offences. Informal negotiations at all stages of the criminal procedure have proven to be very popular with practitioners and sometimes even encouraged by judges. Yet, the issue of judicial control of the plea agreement divided the respondents, even though the right to judicial review of criminal prosecution is a fundamental principle of Croatian criminal procedure, which covers not only the fundamental issues of legality and voluntariness of the concluded agreement, but also the purposefulness of the proposed sanction. The victim’s position in the plea-bargaining procedure is considered to be adequate, at least as long as the victim is involved, and there is a tendency to consult the victim even in cases when his or her consent is not required by law. Finally, although it is generally considered that defence rights are well protected, there are problematic issues, namely tariffs or the ‘take it or leave it’ offer, as well as the wide discretion of the state attorney when deciding to enter into negotiations and reach agreement. The qualitative analysis of the findings, which is presented in this paper, should contribute to drafting specific proposals for improvements in the legislation and practice of the judgment based on agreement of the parties in Croatian law. Many of these findings may also be relevant for other legal systems, especially those of the continental European legal tradition, since they may face the same problems and questions related to plea bargaining as a global phenomenon.

Ecofriendly stability-indicating UHPLC-PDA method for determination of the new influenza antiviral prodrug Baloxavir Marboxil; application to degradation kinetic studies and structure elucidation of the major degradation products using LC-MS

Implementation of green chemistry principles in analytical procedures is of great importance. Green analytical chemistry minimizes the dangerous impact on human beings and the environment that is the primary objective nowadays. In the proposed work, a well-developed, fully validated and ecofriendly stability indicating UHPLC coupled with photodiode array detector (PDA) method was established for the determination of Baloxavir Marboxil (BXM), a novel antiviral drug for the treatment of influenza A and B, in raw materials and pharmaceutical formulations. The method employed Inertsil ODS-3 C18 column to separate BXM from its forced degradation products using a mobile phase composed of 0.1% citric acid (pH 2.5 ± 0.05)-methanol (50:50, v/v), at a flow rate of 0.8 mL/min in an isocratic separation mode. BXM was monitored using diode array detector at 260.0 nm. BXM stability was inspected using various stress conditions as per ICH recommendations. The impact of acid, base hydrolysis, and oxidative stress conditions was greater on BXM in comparison to photo and thermal hydrolysis. The formed degradation products were injected into the mass spectrometer (MS) to elucidate their structures. The suggested pathways for degradation mechanisms were presented. Moreover, the proposed method was effectively utilized to study the degradation kinetics of acid, base and oxidative degradation of BXM. Additionally, four assessment tools were employed to evaluate the greenness of the developed method, namely; the National Environmental Method Index, the Analytical Eco-scale, Green Analytical Procedure tool, and the Analytical Greenness metric. Moreover, a comparative study of the method's greenness was conducted with the reported HPLC method and the results confirming that the suggested method is superior regarding the guidelines and principles of green chemistry. In addition to, having higher qualitative and quantitative scores in comparison to the reported method, and providing reliable and precise results of the method greenness.

Label-free microscopy for virus infections.

Microscopy has been essential to elucidate micro- and nano-scale processes in space and time and has provided insights into cell and organismic functions. It is widely employed in cell biology, microbiology, physiology, clinical sciences and virology. While label-dependent microscopy, such as fluorescence microscopy, provides molecular specificity, it has remained difficult to multiplex in live samples. In contrast, label-free microscopy reports on overall features of the specimen at minimal perturbation. Here, we discuss modalities of label-free imaging at the molecular, cellular and tissue levels, including transmitted light microscopy, quantitative phase imaging, cryogenic electron microscopy or tomography and atomic force microscopy. We highlight how label-free microscopy is used to probe the structural organization and mechanical properties of viruses, including virus particles and infected cells across a wide range of spatial scales. We discuss the working principles of imaging procedures and analyses and showcase how they open new avenues in virology. Finally, we discuss orthogonal approaches that enhance and complement label-free microscopy techniques.

EXAMINING THE DIFFERENCES BETWEEN IRAN'S CRIMINAL LAWS AND INTERNATIONAL DOCUMENTS ON TEMPORARY DETENTION ORDERS

Temporary detention, which is also interpreted as preventive detention in criminal law, means depriving the defendant of his freedom and imprisoning him during all or part of the preliminary investigation by the judicial authority by issuing a temporary detention order, although this order is considered by some lawyers and Human rights defenders have been widely criticized, but on the other hand, some lawyers emphasize it because it is one of the guarantees of criminal policy in suppressing the criminal phenomenon. Arresting the accused, which is also interpreted as preventive detention in Iranian criminal law, means depriving the accused of his freedom and imprisoning him during all or part of the preliminary investigation, which may continue until the issuance of a final verdict or its execution, and the purpose of It is ensuring access to the accused, his timely presence in the judicial authority, preventing his escape or concealment, or erasing the traces of the crime and collusion with possible accomplices and deputies of the crime. Therefore, due to the growing importance of human rights at the national and international level, and on the other hand due to the inherent conflict between arresting a person and the principle of acquittal, which respects the rights and freedoms of the accused is one of the obvious effects of this principle, an effort has been made in this article, considering that Many provisions of the international and regional declarations of human rights have standards related to the principles of criminal procedure, including the protection of the rights of the accused and the limitation of temporary detention. It is hoped that in order to optimize the rules of the criminal procedure, it will be compared and matched with the above principles.

Digitalization of civil proceedings in the light of openness, equality and immediacy in the Polish legal system

This article is a voice in the discussion on the aims and function of digital transformation of the Polish civil procedure. The author also points out the changes in the Polish legal order introduced by the legislator in recent years, in particular those connected with temporary solutions for the time of Covid-19 Pandemic. She analyses ITtools used in civil proceedings in the light of procedural rules. At first glance, it seems that digitalization may have quite an impact upon all the construction rules of civil procedure. However, contrary to this impression, it does not directly affect all of them. The greatest correlation can be seen in the case of the principle of openness, the principle of equality and the principle of immediacy. As the conclusion the author indicates that digital transformation allows for a more complete implementation of procedural principles and it supports the realisation of those rules.

Global gas flaring and energy justice: An empirical ethics analysis of stakeholder perspectives

Global gas flaring harms human and non-human health and well-being while contributing to climate change. Flaring activity in the global oil and gas sector is a significant matter of energy justice – concerning the distribution of risks, benefits and harms, recognition of rights, and decision-making influence within gas-flaring-affected communities. This mixed method empirical ethical analysis of gas flaring and energy justice combines Q-methodology and stakeholder interviews with representatives of 14 gas-flaring-affected countries (n = 35) to evaluate the context-sensitivity of distributive, procedural, recognition, and cosmopolitan justice principles to gas-flaring governance. Four dominant normative perspectives emerge around this topic. These perspectives concern: a) government-led zero flaring policy; b) multi-scalar economic governance; c) business responsibility and social license; and d) localism and community empowerment. We find that: first, there is strong stakeholder support for zero-flaring globally. Second, coordinated multi-scalar governance from international-national-local regulatory authorities is desired to protect marginalised communities. Third, egalitarian rights-based approaches are prioritised over utilitarian approaches in planning for oil and gas extraction. Fourth, business responsibility necessitates transparent communication of flaring activities and impacts and the Polluter Pays Principle of environmental redress to affected communities. Finally, stakeholder disagreement centres upon the practical mechanisms to achieve just outcomes - including compensation, the role of local authorities, regulatory agencies, Environmental Impact Assessment, and efforts to tackle rent-seeking and corruption. We conclude that further stakeholder engagement is needed on the implementation processes for gas flaring elimination, rather than the goal itself, through carefully facilitated dialogue and negotiation.

On the Protection of the basic procedural rights of the parties in China's Civil Litigation

To make every citizen feel fairness and justice in judicial trials is the basic principle and goal of China's current judicial procedures. The parties should not only realize the protection of their substantive legitimate rights and interests in civil proceedings, but also respect their procedural basic rights. This is not only the embodiment of the litigant's status as the subject of civil litigation, but also the means and ways to seek relief after the litigant's legitimate civil rights and interests are violated. The fundamental procedural rights of the parties are of great significance to the protection of the rights and interests of the parties, the smooth proceeding of judicial activities and the sound rule of law. This paper mainly discusses through three aspects, the first one is the outline of the parties' procedural basic rights; The second is to analyze the problems in the process of protecting the fundamental rights of the parties; The third aspect is the exploration of the path to guarantee the procedural rights of the parties in China.

Moral Certainty of the Judge in the Canonical Process to Determine the Nullity of Marriage v. the Principle Testis Unus Testis Nullus

The present article discusses the issue of moral certainty in the canonical process for the annulment of marriage and analyzes the problem of applying the procedural principle testis unus testis nullus. The reason for undertaking the subject was the publication in 2015 of two papal documents of the rank of apostolic letters, which introduced significant changes in the area of the process for the annulment of marriage. One of the aspects that underwent legislative modification was the principle testis unus testis nullus. It was decided that in marriage cases the testimony provided by a single witness may have the value of complete proof, provided that certain conditions are met. Therefore, the current considerations are an attempt to find an answer to the question whether the judge who takes a decision in marriage cases on the grounds of a single-witness testimony is able to achieve inner conviction (certitudo moralis) with regard to the factual state of the matter, and pass a verdict in accordance with the truth. In addition, the article outlines the legal construct of moral certainty, characteristic of canon law, and discusses the principle testis unus testis nullus within the framework of the existing canon law, taking into account a broad historical perspective, including both the biblical-canonical tradition as well as Roman law.

До питання створення Реєстру медіаторів в Україні: теоретико-правовий аспект

With the adoption of the Law of Ukraine "On Mediation" at the end of 2022, a new stage of implementation of this institute in the social and legal life of the country began. Before the adoption of the law, the lion's share in the popularization and application of this method of alternative dispute resolution belonged to numerous public organizations, which played the role of ambassadors of mediation as a means of opposing judicial review of a conflict (dispute). Currently, the current Law of Ukraine "On Mediation" establishes the standards of training and education of mediators, the principles of the mediation procedure and other key aspects of mediation.

Going beyond the “common suspects”: to be presumed innocent in the era of algorithms, big data and artificial intelligence

AbstractThis article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the in dubio pro reo principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection acquis, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, inter alia, the new dimensions suspicion has acquired.