Procedural Fairness Research Articles

Early termination of a judge's powers as a measure of legal responsibility: problems of legal regulation and law enforcement

The subject of the study is the theoretical, legislative and practical application problems of the early termination of a judge as a measure of legal responsibility. According to the authors' opinion there are several problems: the lack of scientific and legislative unity on the issue of the sectoral nature of this measure; the unsystematic, uncoordinated nature of legislation and law enforcement practice; the apparent discrepancy of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (hereinafter - the Status of Judges) which regulates the grounds and procedure for the early termination of the powers of a judge and the practice of its application to the fundamental principles of legal responsibility.The aim of this article is to make recommendations aimed at improving the legal regulation and practice of such a legal liability measure as early termination of the power of the judge.The methodology. The main method of research is the general scientific dialectical method of cognition, using universal scientific methods: analysis and synthesis, induction and deduction, formal-logical and systemic. The specific scientific methods are applied: the formal legal method, the methods of legal modelling and the methods of forecasting.Main results and field of application. The authors concluded that the early termination of a power of judge, for whatever reason, is related to his or her illegal behaviour. It should be explicitly recognized as a measure of legal responsibility in the Status of Judges. It is necessary that the legal grounds for judge early termination meet the requirements of legal certainty. The application of this measure is based on the fundamental principles of legal responsibility: justice, humanism, legal equality, proportionality of the sanction to the degree of social danger of the act committed, individualization of the punishment, etc. The Status of Judges and the Regulation on the functioning of the qualification collegium of Judges should be supplemented by legal provisions governing the procedure for applying to a judge early termination as a measure of legal liability that does not involve the commission of a disciplinary offence. A fair, public and adversarial procedure must be used to ensure that judges in the high and medium courts can terminated early. The rules for this procedure must be laid down in federal constitutional law.Conclusions. The implementation of such proposals would lead to the formation of legislation and the law enforcement practice, consistent with the main principles of legal responsibility and the basic provisions of its theory. It would guarantee the fairness and predictability of decisions towards judges. Ultimately it would ensure an appropriate balance between the independence of judges and their accountability for gross and systematic violations incompatible with the status of judges.

Ruling the assembly. Procedural fairness, popular emotion and access to democracy in Western Europe, in the nineteenth to twentieth centuries

Ruling the assembly. Procedural fairness, popular emotion and access to democracy in Western Europe, in the nineteenth to twentieth centuries

Contractual Governance, Fairness, and Extra-Role Altruistic Behavior in Chinese Buyer–Seller Relationships

ABSTRACT Purpose This article aims to investigate how the control and coordination functions of the contract enforcement of a firm influence the extra-role altruistic behavior (ERAB) of its partner through distinct perceptions of fairness in buyer-seller relationships. It also examines how a critical institutional factor, marketization distance, moderates the influence of contractual governance on fairness. Methodology A survey was conducted on 627 distributors in China. Findings Our empirical analysis reveals that the seller’s contractual coordination encourages the buyer’s ERAB by increasing its perceptions of distributive, procedural, and interactional fairness, while contractual control inhibits the buyer’s ERAB by reducing its perceptions of distributive, and interactional fairness. Further, marketization distance weakens the positive effects of contractual coordination on all three types of fairness, but positively moderates the effect of contractual control on distributive fairness. Implications These findings make contributions to both research and practice in supply chain management.

THE ISSUES OF CHALLENGING EU SANCTIONS DECISIONS: MECHANISMS AND CJEU CASE LAW ANALYSIS

This article examines the legal framework and judicial oversight of the European Union's (EU) restrictive measures, which are integral to the EU’s Common Foreign and Security Policy (CFSP). The focus of this study is on the mechanisms available for challenging these measures and the pivotal role played by the Court of Justice of the European Union (CJEU) in ensuring their legality and procedural fairness. Through a comprehensive analysis of relevant case law, this article explores the procedural requirements for challenging sanctions, including the prerequisites for standing, the timelines for lodging complaints, etc. It highlights the CJEU’s approach to balancing the EU’s policy objectives with the protection of fundamental rights, emphasizing the court’s scrutiny of the Council of the EU's decisions and the necessity for robust evidence supporting sanctions. Key findings include an examination of the evolving landscape of EU sanctions in response to geopolitical events, such as the conflicts involving Russia and Ukraine, and the legal challenges that have arisen from these measures. The article provides insights into the broader implications for international law and the ongoing need for judicial oversight to ensure the effectiveness and fairness of EU sanctions.

Community social capital, police performance, and trust in the police: Choices of policing styles in China

Abstract Recent empirical studies have underscored the crucial link between police performance and trust in the police. Nevertheless, the association between police performance and trust in the police under various conditions deserves more attention. Moreover, the collective meaning of social capital is largely omitted from previous studies on the impact of social capital on trust in the police. The current study explores how police performance impacts public trust across varying levels of community social capital. Using factor analysis and multilevel binary logistic regression on data from a survey of 997 respondents in Xiamen, China, the current study found that both police performance and community social capital significantly enhanced trust in the police, while community social capital moderated the relationship between police performance and trust in the police. As community social capital increases, the importance of procedural fairness in building police trust grows, whereas the impact of outcome effectiveness diminishes. Findings of the current study advocate for a tailored approach to policing: communities rich in social capital benefit from a focus on procedural fairness (process-oriented policing), whereas those with lower social capital prioritize the effectiveness of outcomes (outcome-oriented policing).

Подходы к пониманию справедливости

Various doctrinal approaches are considered, which are ambiguous when using a number of terms, which include principles of law, legal phenomena, among them: justice, legal certainty, proportionality. Considering justice, its different types are noted. In Russian socio-humanitarian science it is presented in the form of general and special (private) justice. There are subjective and objective justice, formal and substantive justice. Procedural fairness is highlighted separately. The study concludes that the diversity of ideologies of modern society does not make it possible to answer the question about the principles of proportional justice, which should be reflected in law, therefore the criteria of justice contain a broad intersubjective basis that allows them to be realized in procedural justice. The analysis of theories gives the right to assert that the variety of theories of justice themselves will always vary from the priority of one or another benefit in society, which is the basis of social institutions, political and legal ideology, and the procedure for establishing the result.

Issues of the time limit for consideration of an administrative complaint

Administrative relations as an area of law is an integral aspect of modern society, regulating many relationships among its constituents. Through analysis of administrative law it has been demonstrated that its regulations determine what term should be considered when considering complaints, its implementation in other spheres of law is then assessed. This article investigates issues surrounding the timeliness of administrative complaints review processes. Particular attention is given to factors that contribute to long review processes, which in turn impact administrative efficiency. Authors discuss various legal regulations, organizational features and procedural features while pinpointing key challenges they present and ways to overcome them. According to the results of legal examination, relevant concepts are evaluated; time limits for consideration of complaints, procedures and similar requirements related to other legal areas are taken into consideration, compliance with deadlines signifies the level of importance given to protecting human rights and liberties both criminally as well as administratively. Based on its findings, this paper emphasizes the significance of adhering to time limits for administrative complaints in order to maintain fairness and efficiency of administrative procedures.

Issues of the time limit for consideration of an administrative complaint

Administrative relations as an area of law is an integral aspect of modern society, regulating many relationships among its constituents. Through analysis of administrative law it has been demonstrated that its regulations determine what term should be considered when considering complaints, its implementation in other spheres of law is then assessed.This article investigates issues surrounding the timeliness of administrative complaints review processes. Particular attention is given to factors that contribute to long review processes, which in turn impact administrative efficiency. Authors discuss various legal regulations, organizational features and procedural features while pinpointing key challenges they present and ways to overcome them.According to the results of legal examination, relevant concepts are evaluated; time limits for consideration of complaints, procedures and similar requirements related to other legal areas are taken into consideration, compliance with deadlines signifies the level of importance given to protecting human rights and liberties both criminally as well as administratively.Based on its findings, this paper emphasizes the significance of adhering to time limits for administrative complaints in order to maintain fairness and efficiency of administrative procedures.

Fusion Data Analysis of the Monitoring Procedure among Ecuadorian Law Professionals using Indeterminate Likert Scales

The study provides a fusion data analysis to investigate the attitudes and perceptions of legal professionals in Ecuador regarding the effectiveness and fairness of the monitoring procedure, using a questionnaire based on indeterminate Likert scales. By employing Triple Refined Indeterminate Neutrosophic Sets and the Minimum Spanning Tree, responses were analyzed to reveal trends and groupings in opinions. The identification of response clusters suggested marked differences and homogeneous subgroups in perspectives, highlighting specific areas within legislation and judicial procedures that require attention. The threshold used for the Minimum Spanning Tree provided a quantitative view of cohesion and discrepancy, which has significant implications for legislative reform and judicial practice. This innovative approach offers a valuable model for future research, with the potential to influence policy-making and the promotion of legislative reforms based on empirical data.

ПРАВО ПРАЦІВНИКА НА ПРОСУВАННЯ ПО РОБОТІ ВІДПОВІДНО ДО НАЦІОНАЛЬНОГО ЗАКОНОДАВСТВА ПРО ПРАЦЮ

Background. The relations that constitute the subject matter of labour law are distinguished by their rather broad scope. After all, along with the labour relationship itself, there are relations related to recruitment, collective bargaining, vocational training, labour disputes, etc. In this case, the implementation of relations related to job promotion is of particular interest. This category is actually at the intersection of legal regulation of pre-employment relations and employment relationship itself. Such ambiguity underlines the relevance of studying the issues of job promotion, which is important for both parties to employment relationship – an employee and an employer. The purpose of this research is to clarify the peculiarities of legal regulation of job promotion, its place in labour law, and its proper practical implementation. Methods. In the course of preparation of the article, the author applied dialectical, comparative legal, formal and logical and other methods of research. With the help of the dialectical method, in particular, the author identifies the specific features of legal regulation of job promotion. The comparative legal method allowed for a comparative legal study of the provisions of national and international legislation governing the issues of job promotion. The formal logical method was used to identify the shortcomings of legal regulation of job promotion and to correlate this category with the employer's right to make a free choice among candidates for a vacant position. Results. If there is a vacant position, the employer has the right to freely choose among candidates for the position, which is expressly provided for in Article 22 of the Labour Code of Ukraine. This can be either a person who is not employed by the employer or an employee who already holds a certain, usually lower, position. In labour law, an employer's choice of a candidate for a vacant position directly from the staff is associated with such a category as job promotion. Labour legislation does not define job promotion, focusing mainly on the employee's right to such promotion. The provision of Article 145 of the Labour Code of Ukraine should not be considered as an absolute obligation of the employer to provide an employee with a promotion if the latter successfully and conscientiously performs their job function. In this case, the employee's right to be promoted depends on the following factors: a) the employer has a vacant position; b) there is a causal correlation between the employee's successful and efficient performance of the job function and the requirements for the job duties of the vacant position; c) clear and transparent procedures for employee evaluation and promotion are in place. Conclusions. Fair, accessible and inclusive job promotion procedures will ensure the effective exercise of the employee's right to such promotion, as well as its harmonious correlation with the employer's right to make a free choice among candidates for a vacant position. In particular, the employer will have a fairly detailed idea of the existing potential of employees, and the latter will not feel distrustful of the employer's actions and disappointed in future professional activities. When developing promotion procedures, which may be established at the level of a collective agreement or a relevant special local regulatory act of the employer, it is important to: a) focus on the need to involve the primary trade union organisation, and in its absence – a representative freely chosen by employees, in the implementation of employee evaluation and promotion procedures; b) defining clear and transparent criteria for eligibility for promotion; c) moving away from one-person decision-making on job promotions towards the establishment of appropriate collegial bodies; d) properly informing employees about the existing procedures for evaluating their performance that affect their further promotion.

Evaluation of Legal Security in Property Division Using OWA and Neutrosophic TOPSIS Methods

Legal security in property division is a crucial aspect within the field of civil and inheritance law. This process involves the equitable distribution of assets from an inheritance or marital community among heirs or co-owners, with the aim of guaranteeing their rights in a fair and transparent manner, in accordance with the law. This study focuses on examining various options to deepen understanding of the mechanisms that ensure legal security in this property division, with the goal of identifying best practices. To analyze each alternative in terms of scope and objective, the multicriteria decision-making methods OWA and TOPSIS were employed, using neutrosophic numbers as a modeling tool. The use of these methods highlights the challenges of legal inexperience and conflicts of interest, emphasizing the need for a precise and cautious approach. This analysis promotes the search for equitable solutions in property division, highlighting the importance of fair and transparent legal procedures.

Exploring New Judicial Models under the Sustainable Development Goals

Amidst global environmental issues and social justice challenges, the Sustainable Development Goals (SDGs) serve as essential guidance for policy formulation and societal advancement worldwide. As a pivotal institution for upholding legal fairness and justice, the judiciary must also align with this global consensus. Contemporary judicial models emphasize traditional legal procedural fairness while integrating considerations of environmental protection, resource allocation, and social inclusivity. This paper examines the judiciary’s evolving role within the framework of the SDGs, analyzing how it synthesizes the three pillars of economy, society, and environment to more comprehensively achieve justice and equity. The SDGs provide novel perspectives and impetus for judicial innovation. The judiciary must not only render equitable decisions in civil and criminal matters but also foster sustainable societal development through legal reforms. This emerging model underscores the judiciary’s enhanced focus on social responsibility, commitment to safeguarding vulnerable populations, raising environmental consciousness, and promoting values of peace and justice in society.

헌법상 공무원 조항의 해석

The current constitution bestows upon public officials the position of servants to the entire nation, emphasizing their responsibility to the people while simultaneously ensuring their status and political neutrality. Derived from the constitutional position held by public officials as servants to the entire nation, they are obligated to realize the public interest. Obligations such as the prohibition of bias and procedural fairness can be derived from this duty to realize the public interest. The constitutional duties imposed on public officials include obligations such as compliance with laws, integrity, and the duty to perform their duties fairly, which are concretized as legal obligations. The assurance of status and political neutrality for public officials can be understood as guaranteed through the professional civil service system. The professional civil service system, by ensuring the status and political neutrality of public officials, is closely connected to protecting the constitutional rights of public officials, particularly the constitutional right of public neutraltiy. However, when the obligation of political neutrality, derived from the constitutional position granted to public officials as servants to the entire nation, constitutes an element of the professional civil service system, the professional civil service system and the duty of political neutrality are separated. If the professional civil service system is closely linked to the duty of political neutrality, the criteria for assessing the constitutionality of legislation that concretizes the professional civil service system should be consistent with the criteria for assessing the constitutionality of legislation that concretizes basic rights. When evaluating the constitutionality of legislation that concretizes the professional civil service system, excluding the obligation of political neutrality that can be included as an element of the professional civil service system, the constitutional principle of proportionality should be applied as the criterion for assessing the constitutionality of legislation that concretizes basic rights.

An Implied Term of Procedural Fairness During Disciplinary Processes: Into Contracts of Employment and Beyond?

Abstract The implication of a new term by law into contracts of employment is significant and relatively rare. In somewhat of a revelation, members of the Court of Appeal in Burn v Alder Hey Children’s NHS Foundation Trust were receptive to the introduction of a duty that would require employers to act in accordance with procedural fairness during disciplinary processes. This article offers the first detailed examination of this development, commencing by exploring the nature, scope and necessity of such a term in the context of contracts of employment. The relationship between this emergent duty and the ‘Johnson exclusion zone’, which limits the remedies available at common law if the breach of the employer’s obligations alleged is the manner or fact of an employee’s dismissal, will be considered. We argue that the real potential of this duty lies in the prospect that it could be extended beyond contracts of employment and implied into, for example, contracts between workers and their employers. Such a development would be novel for the common law and make a substantial contribution to the regulation of a wider category of working relationships and to the pursuit of the objectives and aims of employment law.

Aspects of implementing the principle of proportionality in the execution of a decision on a search permit for a personʼs home or other property

Trust in the state is an urgent problem for the countries of Central-Eastern and Eastern Europe. Since building partnerships between the state and society is possible only if the principle of procedural fairness is observed, restriction of a personʼs right to inviolability of housing or other property in criminal proceedings is one of the most pressing problems of modern Ukrainian legislation. The purpose of the study is to highlight certain legislative and enforcement aspects of the procedure for executing a decision on permission to search a personʼs home or other property that do not comply with the requirements of the principle of proportionality and create problems for ensuring a reasonable balance of private and public interests. Empirical, general, heuristic, and special legal methods of scientific knowledge were used to achieve this goal. It is established that the insufficiently regulated by the legislator issues concerning the determination of subjects authorised to comply with the decision on permission to search a personʼs home or other property, the seizure of property, the impossibility of prompt appeal against such a court decision, create an imbalance between private and public interests in criminal proceedings. It is generalised that the restriction of rights in the execution of a decision on permission to search a personʼs home or other property cannot be conducted if the means of restriction are not commensurate with the goal that the investigator or prosecutor seeks to achieve. A procedural situation in which the principle of proportionality can be violated in favour of not only the public interest but also the private one was modelled, which allowed outlining opportunities for potential abuse by a person, the rights of which were restricted. The study analyses the specific features of implementing such a resolution under martial law and highlights the criteria compliance with which will contribute to the implementation of the principle of proportionality. Recommendations for solving the problems outlined above are proposed. The results of the study will be useful not only for improving the relevant provisions of the Criminal Procedure Code of Ukraine and investigative practice but also for the possibility of developing additional guarantees of legitimate restriction of a number of other rights guaranteed by the Constitution of Ukraine during the implementation of the decision on permission to search a personʼs home or other property in criminal proceedings

A systematic review and meta-analysis of procedural justice and legitimacy in policing: the effect of social identity and social contexts

Abstract Objectives To systematically review the effect of social identity and social contexts on the association between procedural justice and legitimacy in policing. Methods A meta-analysis synthesising data from 123 studies (N = 200,966) addressing the relationship between procedural justice and legitimacy in policing. Random effects univariate and two-stage structural equation modelling meta-analyses were performed. Results Both procedural justice and social identity are found to be significantly correlated with police legitimacy. Moreover, social identity significantly mediates, but does not moderate, the association between procedural justice and legitimacy. People of younger age and from more developed countries tend to correlate procedural justice stronger with police legitimacy. Conclusion This study demonstrates that social identity is an important antecedent of legitimacy and a critical factor in the dynamics of procedural fairness in policing. It also shows that the extent to which procedural justice and legitimacy are correlated varies across social groups and contexts. The theoretical implications of our findings are discussed.

The Effect of Distributive Justice and Procedural Justice on Performance with Job Satisfaction as a Mediation Variables for Honorer Teacher of Islamic Senior High School in Pacitan Regency

This study aims to analyze the effect of distributive justice and procedural justice on performance with job satisfaction as a mediating variable for honorary teachers at Madrasah Aliyah in Pacitan Regency. Respondents in this study were honorary teachers or non-permanent teachers at Madrasah Aliyah in Pacitan Regency, East Java. The sample used is 200 respondents, taken by saturation sampling technique. The data analysis technique used multiple regression analysis and data processing using IBM SPSS 21 software. This study found that distributive justice and procedural justice have a direct positive effect on performance. Distributive justice and procedural justice have a direct positive effect on job satisfaction. The work goals have a direct and significant positive effect on performance. The purpose of mediating the effect of distributive justice on performance. The purpose of mediating the effect of procedural fairness on performance. The difference between this study and previous research is that the object of this research is only focused on the Pacitan Regency area, while the research subjects are representatives of honorary teachers in the Pacitan Regency at the Madrasah Aliyah level. This study focuses on factors that affect performance, namely job satisfaction, procedural justice, and distributive justice. Based on this research, Kemenag or Kemendikbud Pacitan in the future can pay attention to the variables of this research aspect in the decision-making process and pay more attention to the welfare of honorary teachers. Limitations in the data collection process, the information provided by respondents through questionnaires sometimes does not show the respondent's actual opinion, this happens because sometimes there are differences in thoughts, assumptions, and different understandings of each respondent, as well as other factors such as honesty in filling out respondents' opinions in the questionnaire.

The effect of perceptions of justice in returns on satisfaction and attitudes toward the retailer

PurposeIn the competitive retailing environment, retailers who provide service experiences that stand out from the competition can gain a competitive advantage. Increasingly, an important aspect of the service experience involves product returns, in particular, the fairness of returns policies and procedures. Previous research studies support that interpersonal justice and informational justice relate positively to consumer attitudes and behaviors. In this paper, the authors examine the relative effects of interpersonal justice and informational justice on return satisfaction, positive word-of-mouth (PWOM) and trust. Additionally, the authors examine the moderating effects of returns process convenience and returns policy restrictiveness as indicators of procedural justice.Design/methodology/approachA scenario-based experiment methodology was used to test the relationships of interest.FindingsResults support that the effects of interpersonal justice on the outcome variables are stronger than the effects of informational justice. There is also support for a moderating effect of returns process convenience on the relationships between interpersonal justice and each outcome variable, as well as partial support for the moderating effect of returns policy restrictiveness on the relationship between interpersonal justice and PWOM.Originality/valueThe research extends previous work on the effects of justice on customer outcomes. Results support the importance of retailers treating customers with fairness during the returns experience and further support the benefits of providing a convenient returns experience.

Whose Neighborhood Needs? Assessing the Spatial Distribution of Federal Community Development Funds

Local governments must balance their growth ambitions against needs arising from social inequities. The Community Development Block Grant (CDBG) program aims to redress these disparities by directing funds toward disinvested tracts. We ask whether a city's institutional design, public and private actor composition, and resource availability influence the decision to invest in communities with greater levels of social need. Utilizing a social equity framework, we connect place-level procedural fairness mechanisms with neighborhood-level access equity consequences. Combining U.S. local government survey data over two decades with census tract-level CDBG expenditures, we find that in neighborhood where 51 percent or more of the families are low-to-moderate income (LMI), its likelihood of receiving funds increases with its share of LMI population relative to the city's, but at a diminished rate compared to non-LMI tracts. Further, city-level factors moderate this relationship (e.g., including community development corporations in planning processes).

Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania

Introduction: The right to fair hearing is one of the principles of natural justice that is constitutionally provided for in Tanzania. Number of principal and subsidiary legislations have been enacted to promote the right to fair hearing in employment proceedings. Despite the legal protection, disciplinary proceedings related to misconduct have been persistently decided without affording the accused the right to a fair hearing.Purposes of the Research: The study aimed at examining the gap that exists between the law protecting the right to fair hearing and the actual practice in organisations.Methods of the Research: The study made use of library and field research. Data was collected by using documentary review to collect data from legal documents and published material. Semi-structured interviews were used to collect data from 14 respondents obtained from one of local government authorities in Tanzania.Results of the Research: The study found that existing law have established standards that are capable of promoting the right to fair hearing in disciplinary proceedings. Further, the study observed that there is a gap between law and practice when it comes to promoting the right to fair hearing in disciplinary proceedings related to misconduct. The gap has to do with failure to adequately comply with procedural fairness during hearing. As per the reviewed literature this is the first study to examine the gap between law and practice relating the right to fair hearing with focus on disciplinary proceedings related to misconduct.