Procedural Law Research Articles

Study on the Legal Problems of the Exemption System of Personal Bankruptcy

The core of personal bankruptcy is the exemption system, which gives honest and unfortunate debtors a chance to start over and guarantees their basic rights of survival and development, is an important system for maintaining sound socio-economic functioning and for resolving difficult issues of court enforcement, not only in helping natural debtors in debt deadlocks in individual cases, but also in helping markets to recover as quickly as possible, thereby improving the overall well-being of society. However, throughout the world, whether it is a country that has established the personal bankruptcy system for a long time, or a country that is in the initial stage of exploring the personal bankruptcy system, personal bankruptcy exemption, a well-meaning legal system, has inevitably caused some negative effects and hindered the operation of the system as a whole. In order to guarantee the good operation of the personal bankruptcy exemption system in our country, we should establish such systems as the incentive system of the bankruptcy person with good faith and the property registration system to support the operation of the procedure, improve the link between personal bankruptcy exemption and civil law, Civil Procedure Law, company law, etc., in order to guarantee the validity and feasibility of personal bankruptcy exemption system, the procedures of debtor's application, administrator's opinion, Creditor's objection, relief and rescission are detailed.

The Method of Civil Law: Regulation, Evaluation or Modeling?

Introduction: the paper discusses the problems of reevaluating the methods of civil regulation. The author argues with the researchers who speak in favor of rejecting the use of the term “regulation” in a private law context and replacing it with modeling or evaluating public relations regarding property and non-materialized goods. The author of the paper believes that the issue of replacing the term “regulation” with “modeling” or “evaluation” is a dispute over terms. Law, as a social phenomenon, regulates public relations; however, the degree of influence of law on public relations depends on the national concept of legal regulation and the recognition of legal statuses for subjects of legal relations. Purpose: to prove the possibility of applying socio-legal methodology with attention to the social factors of the operation of legal norms, with preference over the prevailing normative and dogmatic understanding of law. Methods: the main research method used in the paper is the sociological method in jurisprudence, which allows a comprehensive assessment of the activities of the subject of legal relations, endowed with a situationally necessary civil status, and implementing this status in a specific legal context, established taking into account the interests of the subject and the existing legal order. Results: the author investigates the problem of exhausting the scientific and regulatory resources of the dogmatic understanding of law with its inherent metaphysical constructions of “method” and “subject” in favor of “revitalizing” the legal matter and overcoming the isolation of law on itself, to the detriment of the interests of society and the individual. Conclusions: as a result of the research, the author has developed a point of view on the need for a critical revision of the views prevailing in modern Russian civil law on how law operates in society, which generates legal “fetishism” that contradicts the principles of civil law. Russian civil law has sufficient potential to grant freedom to its subjects; in order to implement it, it is necessary to ensure the harmonious functioning of substantive and procedural law, convincing the judicial community of the value of the subjects of civil relations but not the forms of their participation in them.

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

Problematic aspects of judicial powers to determine the civil remedy in light of the case-law of the Supreme Court of Ukraine

In the light of the purpose of civil justice to provide effective protection of violated rights and taking into account the duty assigned to Ukrainian courts to assist parties in exercising their rights (while maintaining the objectivity and impartiality of the court), the court according to the principle ‘the court knows the law’, must not only independently determine the nature of dispute and the law that is to be applied to establish the rights and obligations of the participants, but also bring the claims of a lawsuit (the remedy) into line with the understanding established in judicial practice of the appropriate method of defense from the point of view of the ability to ensure the restoration of the plaintiff’s rights as fully and quickly as possible and within the limits of the result (legal consequences in the form of emergence, change or termination of legal relations), for the achievement of which the plaintiff appealed to the court. Refusal of a lawsuit due to the incorrect wording of its subject matter is a manifestation of excessive formalism, and it also leads, contrary to procedural economy, to an artificial duplication of legal proceedings regarding the same legal dispute, without any positive effect, due to which such an approach is incompatible with the purpose of civil proceedings and should not be allowed. The wording of claims, which are based on certain methods of protection, are constituent elements of the legal aspect of the claim, due to which they are quite naturally covered by the scope of the principle ‘the court knows the law’. At the same time, the proactive intervention of the court with the claims defined by the plaintiff must be accompanied by its procedural actions and decisions in order to comply with the principles of objectivity and impartiality of the court, the dispositive nature of civil proceedings and the adversarial nature of its parties. Among other things, the defendant must be provided with the opportunity to submit explanations and evidence in connection with the change (correction) of the subject of the lawsuit by the court, about which the court must notify the parties in the case in advance during the preparatory proceedings or consideration of the case on the merits. For a more predictable application of the principle ‘the court knows the laws’ in all its aspects, including its specific requirements, grounds and methods of its application, should be regulated in the procedural law.

PREJUDICE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS IN UKRAINE: A COMPARATIVE ANALYSIS WITH CONTINENTAL AND COMMON LAW SYSTEMS

Background: During the preparation of the CPC of Ukraine in 2012, the issue of legal regulation regarding the use of prejudice in the process of criminal procedure proof received little scholarly attention. Although much time has passed since then, this subject of discussion remains largely unexplored in textbooks and manuals on criminal procedure published after the adoption of the codified act. Even within the few scholarly investigations dedicated to prejudice in criminal proceedings, a communis opinion doctorum on some issues related to the means of proof has yet to be achieved. This article aims to clarify the concept, formulate its characteristics, uncover the significance of prejudice in Ukraine’s criminal procedure, and distinguish peculiarities of legal regulation and the use of this means of proof in criminal procedure law of countries with continental and general systems of law. Methods: The methodological basis of the article is a dialectical approach to the scientific understanding of social phenomena. In writing this article, general scientific and specialised legal methods of cognition were also used, including analysis, generalisation, structural and functional methods, hermeneutic methods, doctrinal or specialised legal methods, and comparative legal methods. Results and conclusions: It has been found that prejudicial significance is attributed to legal acts that summarise the outcome of criminal procedural activities in specific criminal proceedings. These legal acts include final judgments and rulings of the court and unrevoked decisions of the interrogator, investigator, detective, and prosecutor. Prejudice encompasses not only relevant facts and circumstances but also legal conclusions regarding them. The principleof free evaluation of proof allows the parties to come to different legal conclusions than those made in the previous criminal proceedings, with proper argumentation of their legal position. The use of prejudice in criminal proceedings of civil law jurisdictions is based on the doctrine of res judicata, while in common law systems, it is based on the doctrine of collateral estoppel. Examples from the criminal procedure of Poland, Greece, Italy, and the USA illustrate the specific features of using this means of proof.

DISSENTING OPINION: A DIFFICULT PATH TO FINDING THE TRUTH (BASED ON THE EXAMPLE OF UKRAINIAN JUDGES' INTERPRETATION OF CRIMINAL PROCEDURAL LAW)

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision.

Elements of evidence in civil jurisdiction and notary proceedings

This article covers research in the comparative aspect of the process of procuring evidence in civil proceedings and notarial proceedings, specific features of the elements of evidence in the notarial process, the peculiarities of the rules for determining the factual material to be established when a specific notarial act is performed, and the submission of evidence to support them. The essence of the proceduralists’ scientific discussion regarding the definition of the concept of evidence, its elements and subjects, as well as the obligations of evidence are covered. On the basis of the analysis of the positions of the authors expressed in the science of civil procedural law, which substantiate the opposite approaches to the mentioned issues, it is determined that the basis of this scientific discussion is the disagreement of views on the court as a subject of evidence. It is recognized that filling the terms “evidence” and “proving” with different meanings is not convincing, is not based on current procedural legislation and does not meet the interests of law enforcement practice. The article proves that the exclusion of the court from the subjects of evidence (even in relation to such an element as the collection of said evidence) contradicts the rules of evidence provision established in the current civil procedural legislation. It is concluded that such elements of evidence as indication of facts, determination of evidence, collection of evidence, research of evidence, evaluation of evidence are characteristic of civil proceedings. At the same time, it is advisable to determine the composition of subjects not for the entire procuring evidence process as a whole, but separately for each of the specified elements. For example, the court is not the subject of presenting evidence, but is the subject of research and evaluation of evidence. Evidence in a notarial process is considered as a procedural activity of notarial bodies and interested subjects of notarial proceedings, aimed at establishing legal facts necessary for the issuance of a legal and substantiated notarial act. The article substantiates that the establishment of the presence or absence of certain legal facts, with which the possibility of applying the relevant norm is connected, is carried out only within the scope of the procuring evidence process, according to special rules that provide for the rights and obligations of the subjects of notarial proceedings regarding submission, research and evaluation evidence, and have significant differences from similar rules in civil proceedings due to the undisputed nature of notarial activity.

Environmental Sustainability in Public Procurement Processes: A Study Guided by The Paradigms of The New Law on Tenders and Contracts

Objective: The objective of this study is to investigate the incorporation of environmental sustainability criteria in public procurement processes, aiming to assess the impact of these criteria on the effectiveness of procurements under the New Public Procurement and Contracting Law. Theoretical Framework: The research is based on concepts of environmental sustainability and sustainable public procurement. Theories of sustainable development and principles of sustainability in public administration are highlighted, providing a solid foundation for the analysis. Method: The methodology adopted for this research includes a qualitative approach, using the deductive method. Data collection was conducted through a critical analysis of bibliographic materials indexed on platforms evaluated by Capes, as well as legislative documents and relevant doctrines on the subject. Results and Discussion: The results indicate that the New Public Procurement and Contracting Law presents significant advances in integrating sustainability into public procurement processes through the explicit inclusion of environmental sustainability criteria. However, the effective implementation of these criteria faces important challenges, mainly related to the training of public agents and the adaptation of existing structures to new demands. The discussion contextualizes these results in light of the theoretical framework, highlighting the identified implications and relationships. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of public procurement. These implications encompass areas such as public policies, professional training, and sustainable development. Originality/Value: This study contributes to the literature by highlighting the relevance of the New Public Procurement and Contracting Law in promoting sustainable practices in public procurement. The originality of the research lies in the critical analysis of the challenges and advances provided by the new legislation, highlighting its potential impact on sustainable development.

Impartiality of Arbitrators in Brazilian Law: An Intersectional Approach Between Arbitration, Economics, and Psychology

This article deals with the arbitrator’s impartiality from an intersectional perspective, seeking support from procedural law, economics and psychology. Impartiality can be analysed in its various aspects (aesthetic, multidirectional subjective, objective, evaluative-evidence and normative). The topic has been the subject of intense debate in academic and judicial circles and, through this study, we intend to contribute to the debate by demonstrating that the arbitrator must possess a continuous and permanent commitment to preserve and cultivate impartiality.

Реформирование гражданского процесса в Израиле: между общим правом и собственными подходами

The article examines the reasons why Anglo-American law has had an impact on Israeli legislation. Although Israel’s legislature abandoned English law as a source of law in 1980, the influence of Anglo-American procedural law continues to be noticeable, particularly in the new Rules of Civil Procedure of 2018. Additionally, there are certain changes that are unique to the Israeli legal system, such as legal pluralism that is evident in the operation of parallel jurisdictions. The article also discusses the abandonment of certain procedures in Israel’s legal system.

The Place of the Institution of Disclosure of Evidence in Arbitration Procedural Law

The Place of the Institution of Disclosure of Evidence in Arbitration Procedural Law

Sexual Gratification as an Expanded Form of Corruption Crime Under Indonesian Positive Law

Along with its development, the category of sexual gratification emerged which received a lot of attention from the public and law enforcement officials. This sexual satisfaction is different from the satisfaction we know in general. The difference lies in the object. Sexual gratification is a form of degrading women's dignity. In Indonesia, sexual gratification has not been explicitly regulated. Therefore, this research will discuss the regulation of sexual gratification based on positive law in Indonesia and the evidence. From the results of the analysis it is known that sexual gratification can be included in the provisions of Article 12 B paragraph 1 of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This can be found in the phrase "other facilities" where "facilities" themselves are defined as the means used to facilitate an implementation. Therefore, the use of sexual service facilities with the aim of achieving all desires is the intention of the party providing satisfaction. Proof of the existence of sexual gratification in eradicating corruption in Indonesia is based on criminal procedural law which refers to the Criminal Procedure Code (KUHAP) in Article 184 paragraph (1) and Article 26A of Law Number 20 of 2001 Jo. Law Number 31 of 1999 uses a reverse or balanced evidentiary system where the burden is on the Public Prosecutor and the defendant to provide evidence of the criminal act of sexual gratification for which the defendant is charged.

Institute Of Constitutional Complaint In The Republic Of Kazakhstan: Some Issues Of Theory And Practice

The beginning of the Constitutional Court’s operation in the Republic of Kazakhstan marked the posing of a large number of problematic issues that require their solution both at the level of legal theory and practice. The presented article is focused on the analysis of the constitutional complaint’s institution and the formation of suggestions aimed at improving the relevant provisions of the Law of the Republic of Kazakhstan «On the Constitutional Court of the Republic of Kazakhstan» (hereinafter referred to as the Law). The author, first of all, studies the issue on the system of entities having the right to file a constitutional complaint. The author states that the current wording of the Art. 45 of the Law unjustifiably narrows the range of such entities. A constitutional complaint is currently not available to foreign citizens and stateless persons, as well as to legal entities, which, according to the author, is a manifestation of discrimination. Besides, the author studies the issue on the subject matter of a constitutional complaint – regulatory legal acts of the Republic of Kazakhstan. It is concluded that the definition of the category of «regulatory legal acts» is borrowed from the Law of the Republic of Kazakhstan «On Legal Acts», which, in turn, is improperly formulated. In particular, it does not absolutely cover all types of legal acts containing the norms of law, which, therefore, «takes» them out of the scope of the subject matter of a constitutional complaint. It is offered that the Law of the Republic of Kazakhstan «On Legal Acts» should provide an independent type of regulatory legal act – a legal act of social partnership within the system of legal acts. The author pays attention at the end of the article to the need to increase the level of consistency of certain provisions of the Art. 45 of the Law with each other. As a result of the conducted research, the author offers the paragraph 1 of Part 2 of the Art. 45 of the Law in the following wording: «the disputed law or another regulatory legal act applied by the court, directly affects the rights and freedoms in a specific case with the participation of a citizen, and a judicial act was issued in the case, which entered into legal force». In addition, some recommendations were made in regard to Part 4 of the Art. 45 of the Law. As a conclusion, the author indicates the need to take systematic steps aimed at clarifying the provisions of the Law, to establish appropriate procedures, wide informing campaign for citizens about the limits of the competence of the Court, as well as to ensure studying the discipline of «Constitutional Procedural Law» by the students.

The plaintiff's right to withdraw from the lawsuit as an implementation of the principle of dispositiveness in administrative proceedings

The article is devoted to the study of the problems of the plaintiff's implementation of the right to withdraw from the lawsuit in the administrative proceedings of Ukraine. The right to legal protection, in addition to exercising the right to appeal to the court with a claim, should include the possibility for it to initiate the termination of the legal process. It was established that the plaintiff's right to withdraw from the lawsuit is both an implementation of the principle of dispositiveness in the administrative process and a procedural action designed to stop the started process. The peculiarities of the implementation of the right to refuse a lawsuit of persons who apply for the protection of their rights to the court through the mechanisms of application of the principle of dispositiveness, which reveals the material aspect of the investigated right, are analyzed. Through the classification of the conditions and features of the exercise of the right to refuse a lawsuit, the features of the exercise of this right in administrative proceedings have been investigated. The plaintiff, unlike other participants in the case, has the largest amount of rights, and the freedom to dispose of them gives the opportunity to influence the development of the administrative process, using the normative provisions of the procedural law and the tools for its implementation provided by it. The ability to freely dispose of one's rights at all stages of judicial protection with the help of procedural tools reveals the procedural and legal aspect of the right to refuse a lawsuit. Giving a person the freedom to dispose of his rights allows the plaintiff at certain stages of the process not only to change his legal position in court by changing the subject and grounds of the claim, increasing or decreasing the size of the claims, to use the right to conciliation of the parties, but also to initiate the termination of the process by withdrawing the claim statement, leaving the claim without consideration or abandoning the claim altogether. The lack of substantive scientific works on these problems determines the importance of research on the implementation of rights and obligations by the plaintiff in administrative proceedings as an effective tool for the plaintiff to dispose of his procedural rights in order to terminate the initiated legal process. Key words: public-legal relations, administrative dispute, plaintiff, claim, claim, administrative proceedings, principle of dispositiveness, refusal of claim

The principle of stare decisis in the judicial proceedings of Ukraine and legal systems of the world

It The article analyses the origins and essence of the stare decisis principle, examines its specific features and formulates its concept. It is substantiated that the principle of stare decisis is a primary principle of procedural law by its structure, which has a cross-sectoral nature and is applicable in court proceedings regardless of the jurisdiction (administrative, criminal, civil, etc.) of the court, addresses the judiciary (not other participants in the court proceedings) with a mandatory requirement to adhere to the legal position formulated in previous relevant court decisions in new court decisions in order to ensure the unity and consistency of judicial practice, its certainty and predictability, which makes it possible for the subjects of legal relations to adjust their legally significant actions (activities) in the future. The authors makes a comparative analysis of the principle of «stare decisis» in the AngloAmerican and Romano-Germanic legal systems. It is proved that this principle in the Anglo-American legal system is interpreted in the sense of «to stand on what is set by the court», and in the Romano-Germanic legal system – «to stand on what is set by law». The authors argues that a court decision is always related to the resolution of a dispute, but in the Anglo-American legal system, a court dispute is related to law, and in the Romano-Germanic legal system, it is related to a violation of law. The effect of the principle of stare decisis in the Anglo-American legal system is manifested in the rule: «precedents are not overruled», even if they are outdated, they still remain in force. In fact, the same rule applies in the Romano-Germanic legal system, because the legal positions set out in the decisions of the Supreme Court are also not cancelled, but rather «departed from» by the court. In the Anglo-American legal system, the principles of law are embodied («live») in judicial doctrine and precedents, which activates judicial rule-making, while in the Romano-Germanic legal system, the principles of law are objectified in legislation, so the principles of law actually become legislative norms, which reduces the discretion of judicial discretion in this legal system. The authors concludes that the principles of law do not adapt to social relations; on the contrary, legislative norms are developed, grouped and adjusted in accordance with the requirements and content of the principles of law. Key words: stare decisis principle, judicial proceedings, principles of law, legal systems of the world, constitutional mechanism of the state, constitution of the state, sources of law, Roman law, judicial precedent.

Analysis of the difference of the legally relevant facts of the indicator facts

Current jurisprudential positions have exposed a series of errors incurred within the new accusatory criminal system led by the Attorney General's Office, specifically in the construction of the Legally Relevant Facts, since it does not conform to the expected and indicated assumptions. by law and other rules of criminal procedure. These failures are directly related to effects on due process, in such a way that it is the responsibility of all levels of society and especially the judicial branch to deal with mistakes. That is why, through a general analysis of all the aspects that frame the criminal technique of the Legally Relevant Facts found in the Political Constitution of Colombia, in the jurisprudence and other laws, it was possible to identify such failures, their consequences, but also formulated a series of recommendations that are expected to serve to reduce the risk of the duration of rights and become a point of reference for similar investigations

Contract award criteria in public procurement procedures – The possibility of improving the situation of society from the perspective of the European Union and Poland

Background Public tenders are vital for a country’s GDP and citizens’ quality of life, enabling public administration to achieve various goals. Developing and developed countries allocate over 10% of their GDP to public procurement. This highlights the significant societal support public tenders can provide, making it important to consider how they can further benefit society. Policy and implications Public procurement can achieve policy objectives and benefit society by selecting tenders based on criteria beyond price, such as economic advantage and social benefits. This approach, endorsed by EU directives since 2014, encourages innovation and socially responsible practices. Contracting authorities in the EU can use social, environmental, and qualitative criteria to determine the most advantageous offers. Poland’s Public Procurement Law (PPL) allows contract award criteria based on quality and price, including social aspects. Contracting authorities can specify criteria like employing marginalized groups, though these criteria often face scrutiny and legal challenges. Non-price criteria aim to enhance competition and achieve social, environmental, and economic goals. Recommendations EU and Polish laws permit and encourage using social aspects as contract award criteria in public procurement. However, contracting authorities must analyze priorities, risk balancing, time constraints, and departmental coordination to effectively implement these criteria. This approach can improve the social situation and support specific groups. Conclusions Public procurement significantly influences a country’s economy and quality of life, with EU and Polish laws allowing social criteria in contract awards. Directive 2014/24/EU supports tenders based on economic and social benefits. Poland’s PPL aligns with this, emphasizing marginalized group employment. Effective implementation fosters job creation, social integration, and improved living standards.

Favoritism and Public Procurement Performance at Mbarara City, Uganda

This study was about favoritism and public procurement performance in Uganda using the case Mbarara City. Favoritism was assessed using two dimensions that included price-preference and bidder-preference and the way they affected public procurement performance in Mbarara City. The research design was cross-sectional involving the utilization of a quantitative approach. The analysis involved inferential statistics (Spearman correlation, coefficient of determination and regression). The results showed the strong influence of favoritism on the conduct of public procurement performance whereby more favoritism contributed to poor public procurement performance and less favoritism contributed to better public procurement performance. It was recommended that City councils should ensure adherence to procurement laws in order to curb political and public officers’ influence that leads to favoring certain people for procurements, as this will improve public procurement performance.

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

Effect of Supplier Appraisal on Performance of Construction Projects of Counties in Lake Region Economic Bloc, Kenya

Procurement Laws and Regulations 2015 are a yard stick that directs how buying of goods, services, and works by governments and state-owned businesses should be conducted (Thiankolu, 2019). However, there exists an absence of compliance to these laws as envisaged by its framers which results to bias and uncompetitive bidding, evaluation and award of contracts process something that compromises the effectiveness of the project's accomplishment (Kagume & Wamalwa, 2018). The primary objective relating to this research entailed investigating the effect of supplier appraisal on performance of construction projects of counties in Lake Region Economic Bloc, Kenya. The study adopted a descriptive research design with stratified random sampling technique being applied to select a sample of 342 respondents from a total population of 2346 county officials that include finance and procurement officers. A survey instrument was utilized for gathering data, using questions that were both open and closed-ended. The survey instrument was piloted in Marsabit County. It was conducted to ensure that the instrument is both valid and reliable. SPSS was used to perform analysis of data. Supplier appraisal was established to have a positive and significant correlation on the performance of counties in Lake Region Economic Bloc with a co-efficient of correlation R value of 0.816 and P<0.05. Supplier appraisal with a coefficient of determination (R2=0.700, P<0.05) could account for 70% of variation in the performance of construction projects if other factors were to be held constant. Specifically, when Supplier appraisal increases by a single unit, there will be a subsequent increase in performance of construction projects by 0.885 units (β1=0.885, P<0.05). This suggests a positive and strong correlation between supplier appraisal and performance of construction projects and thus the study suggests that evaluating suppliers using technical, financial, and legal criteria might help construction projects succeed in Kenya's Lake Region Economic Bloc.