Procedural Matters Research Articles

Analysis of the Role of Customs in the Effectiveness of Dwelling Time Implementation in Export-Import Activities (Study on KPPBC Belawan Medan Middle Type Customs)

Dwelling Time is one of the problems faced in the implementation of export-import activities. Dwelling Time acceleration correlates with reduced logistics costs in international trade. In relation to Dwelling Time, the customs agency which in Indonesia is known as Customs has an important role in procedural and supervisory matters. Customs agencies in carrying out their duties certainly face various obstacles and an appropriate strategy is needed to overcome these obstacles so that Dwelling Time can be reduced. Tanjung Perak Port is one of the busiest ports in Indonesia.

Частно-публичный уголовно-процессуальный механизм применения уголовного закона в сфере экономической деятельности: генезис, идеология, политико-правовая сущность

Purpose. The purpose of the article is to clarify the unique legal nature, structure, as well as the genesis of the criminal procedure mechanism for the application of criminal law in the field of economic activity. The research methodology includes dialectical, formal-logical, systematic, other general scientific methods of cognition of criminal procedural phenomena, as well as private scientific methods: the modeling method, comparative legal and other methods. Conclusions. The creation of a special kind of private-public criminal prosecution and prosecution should be understood as an attempt to solve the institutional problem of criminal legal protection of business interests by means provided by the criminal procedural form. Private-public prosecution, being a product of the investigative-Soviet criminal procedure system, is the engine of the criminal procedure mechanism for applying criminal legislation in the field of economic activity. The difference between the analyzed criminal procedural mechanism and other criminal procedural proceedings consists in a qualitatively new saturation of some elements of the criminal procedural matter with a private (dispositive) beginning. At the same time, the investigative form is a limiter for the introduction of a subsidiary accusation of the victim, as well as for changing the investigative technology of evidence to an adversarial one. Scientific and practical significance. The scientific significance of the study lies in the contribution that it makes to the development of the adversarial theory of criminal procedure. Its practical significance consists in proposals for the modernization of legislation regulating criminal procedural activities on the application of criminal law norms in the field of economic activity.

Improving Student Achievement in Islamic Religious Education Subjects with the Basic Material of Organizing the Corpse through the Gallery Walk and Simulation Methods in Class XI IPS 1 SMA Negeri 1 Jatibarang Odd Semester 2016/2017 Academic Year

This study aims to determine the increase in activity and learning achievement of students in learning Islamic Religious Education and Moral Character, the subject matter of Procedures for Carrying Out Bodies, by applying the gallery walk and simulation methods. This research uses action studies (action research). This research was carried out in three stages: the pre-cycle stage, cycle 1, and cycle 2. In the pre-cycle learning activity stage, students had a percentage of 61.43% and an average final score of 63.90. In cycle 1, after the act of active learning, students increased to 68.58%, and the average final test was 68.90. Whereas in cycle 2, after the evaluation of the implementation of the action in cycle 2, the learning activity experienced an increase, namely the activeness of students increased by 78.58%, and the average student final test was 74.76. From these three stages, it is clear that there has been an increase after the gallery walk and simulation methods were applied compared to before.

Contributions and limitations of relational governance towards the reliability of publicly procured air ambulance services

The interconnectivity of critical services, resulting partly from the megatrends of globalization, liberalization, and deregulation, comes in many shapes and forms, one of them being the procurement arrangement. For publicly procured critical services, the transition between two contract periods can create organizational stresses that affect reliability. This paper, drawing on empirical materials from a case study of the two most recent air ambulance service procurements in Norway, assesses how governance solutions can counter such stresses and contribute to maintaining organizational reliability. Specifically, we analyse the contributions and limitations of relational governance, using relational exchange theory as a starting point.Although contractual governance is fundamental for procured services, contracts cannot account for all future contingencies in long-term, complex procurements. In addition, contractual governance can shift the actors’ focus to procedural and contractual matters rather than total outcomes. Relational governance counters this effect by encouraging a holistic approach in which both flexibility and joint problem solving are important. We find that, in air ambulance procurements, the procurer has applied relational governance, with positive effect on organizational reliability. However, we also find that relational governance implies a difficult balancing act between flexibility-enhancing and stability-preserving approaches. Furthermore, when conflicts between a procurer and supplier are profound, neither contractual nor relational governance can necessarily provide adequate solutions. We argue that an implication of imperfect governance solutions is that procurer organizations and public policy makers need to take into account that the procurement of critical services can involve periods of reduced reliability in service output.

Revisiting the Framework for Compulsory Licensing of Patents in the European Union – Reflections on the European Commission’s Initiative

Abstract Within the scope of its initiative on ‘Compulsory Licensing in the EU’,8 the European Commission launched a call for evidence on 1 April 2022 and a public consultation on 7 July 2022 with the aim of gathering views from stakeholders. The objective of this initiative is to explore the possibility of revising the framework for compulsory licensing in the EU to make it more ‘adequately prepared and coordinated to tackle future crises’.9 The authors of this position paper welcome the Commission’s attempt to reinvigorate the public discourse on this important subject. Depending on the issue to be addressed and the extent of the Commission’s willingness to reform, different regulatory approaches are conceivable. Subject to compatibility with the principles of subsidiarity and proportionality, these include: Rather than making concrete recommendations on the regulatory approach, this paper addresses selected aspects by way of a preliminary, non-exhaustive note on: the proposed reform’s scope and the grounds for a compulsory licence; the requirements of prior negotiation and licensing failure; government use; procedural matters; compulsory licences for patent applications and products; the relation with other regulations and sui generis regimes (i.e. trade secret protection, regulatory data protection and supplementary protection certificates); the concept of adequate remuneration; compulsory licences for European patents with unitary effect; and the exhaustion of products placed on the market under a compulsory licence. – soft law measures, such as guidelines and recommendations; – harmonisation of national laws (substantive and/or procedural);10 – judicial cooperation (i.e. mutual recognition of judgments and of decisions in extrajudicial cases);11 – centralisation of granting and/or judicial review competences; – creation of a supranational compulsory licence; – or any combination thereof.

Judicial law-making as a way to overcome the "exceptional legal problem" in continental and general law

The article examines issues related to the enforcement process in civil proceedings both in the field of continental and common law. In particular, the work draws attention to the fact that today a new procedural and legal reality has essentially emerged in the civil justice system of Ukraine, when the settlement of disputed relations is carried out at the expense of judicial law-making in the presence of legislative gaps.
 At the same time, the author emphasizes that although courts do not make law, but in the presence of legal inconsistency of legal norms or their uncertainty regarding disputed relations, the court is forced to resort to judicial law-making in the presence of incompleteness, vagueness or contradiction of legal norms or their absence.
 The institution of judicial law-making also has a place in the field of general (precedent) law. Unlike continental law, the basis for such a law-making process is a legal case, which is overcome at the expense of the law-making process, based on the judge's perception of justice, existing social and moral values, customs or traditions.
 The work reveals the different legal nature of judicial law-making, which is inherent in both continental and common law. In particular, the work claims that judicial law-making in continental law is based exclusively on current legislation, within which there are legislative gaps. Thus, judicial law-making in continental law will always have a local character, as it is aimed exclusively at filling local legislative gaps (vacuities), and therefore it cannot go beyond a certain field of statutory law. At the same time, judicial law-making in common law is of a general nature and is not based on statutory law, as it is aimed at overcoming a legal case during which a new legal doctrine, principle or new rule or provision is formed. For these reasons, judicial law-making in continental law will never "pass" into the sphere of common law, although in both the first and second cases, legal formulas created by judges to settle disputed relations may be of an imperative nature for law enforcement practice and those other courts.
 Thus, the presence of the institution of judicial law-making in both of these legal families gives grounds for asserting that continental and common law, albeit slowly, are beginning to converge and penetrate each other's procedural matter.

Commentary on "The road to reliable peptide assays is paved with good guidelines".

Commentary on "The road to reliable peptide assays is paved with good guidelines".

Differential Effects of Procedural Justice? Examining Heterogeneity in the Perceptions and Effects of Procedural Justice Across First-Time and Recurrent Detainees

Several scholars have suggested that perceptions of procedural justice matter less for legitimacy beliefs and compliant behavior among serious offenders, but it remains unknown to what extent this also holds true for male detainees interacting with multiple criminal justice authorities. Using longitudinal data from the Prison Project on adult detainees entering Dutch pre-trial detention centers, the current study examines whether effects of procedural justice—arising from encounters with police officers, prison staff, and judges—on felt obligation to obey and recidivism operate in a different manner for first-time detainees and recurrent detainees. Our findings support the idea that procedural justice exerts differential effects on beneficial outcomes depending on detainees’ prior detention experience.

중소기업의 기술유출 대응을 위한 디지털 포렌식 개선방안

Industrial technology leakage is increasingly becoming sophisticated, intelligent, and advanced. So, the police organized an industrial technology leakage investigation team in November 2006 and expanded the indust rial technology leakage investigation team to 17 local police agencies in 2017. Likewise, the police is trying to prevent industrial technology leakages, but it is still annually increasing. Especia lly, in 60.8% cases of technology leakages by insiders are done by using memory devices. Which makes digital forensic necessary in order to detect such incidents. However, problems such as shortage of man power, matters of procedure, and vast amount of digital evidence, delay fact-finding and damage restoration. This study introduces the company's digital forensic system designed for corporations which will help them obtaining digital evidences in a prompt and accurate way. This study suggests that institutes should regularly backup their datas so that they would have sufficient information to analyze incidents. Al so, it proposes companies to acquire consent from their insiders before incident s happen in order to have access to suspects' digital devices and forensic it in a legal way. Furthermore, we have analyzed signs of technology leakages based on privious studies and introduced lawful means for corporates to respond to technology leakage and evidence collecting to prevent from possible disputes.

COGNITIVE STRUCTURE ANALYSIS: ASSESSING ELEMENTARY SCHOOL STUDENTS IN MATH TO DETERMINE THE TYPES OF KNOWLEDGE THEY HAVE

Assessment has been a key part of education, playing the role of determining how much students have learned. Traditionally, assessments have focused on whether students give the correct answer to problems, implying that the number of correctly answered test items is a valid measure of how much students know. Unfortunately, the focus on correct answers has also resulted in neglecting the potential ability of assessments to provide diagnostic feedback to educators as to what concepts students have mastered and where the gaps in their knowledge are, thus potentially informing the day-to-day teaching process. The present paper describes an assessment technique called Cognitive Structure Analysis (CSA) that is derived from John Leddo’s integrated knowledge structure framework (Leddo et al., 1990) that combines several prominent knowledge representation frameworks in cognitive psychology. Previous studies with middle and high school students revealed strong correlations between students’ factual, procedural, strategic and rationale subject matter knowledge and their problem solving performance. Given that the Leddo et al. (1990) research showed that all four types of knowledge were present in highly experienced people but that novices tended to be characterized by factual and procedural knowledge, the question arises as to whether elementary school students would show significant correlations between only factual and procedural knowledge and problem solving performance on school subject matter due to their lack of academic experience. The present study investigated this question using fifth graders studying math. 20 fifth graders were taught beginning and advanced concepts in solving distance = rate * time problems. Afterwards, they were assessed on their concept knowledge using CSA and given practical problems to solve. Results showed significant correlations between factual and procedural knowledge as assessed by CSA and problem solving performance. Correlations between strategic and rationale knowledge were not statistically significant. These results suggest that elementary school students not only have less subject matter knowledge than their older counterparts, but that the type of knowledge they have is also qualitatively different. This finding may have implications for how to teach students in order to nurture advanced thinking skills.

Tackling Lacunae in International Courts and Tribunals’ Procedure: The Role of External Precedent

Abstract International courts and tribunals are frequently faced with the need to fill lacunae in their own rules of procedure. Among the many tools at the disposal of adjudicative bodies, external precedent emerges as one of the most flexible and intuitive, allowing to “borrow” from the procedure of other bodies. This paper offers an overview of how international courts and tribunals use external precedent on procedural matters in the context of a number of typical gap-filling techniques. To this end, it delves into the possibility of employing external precedent as a subsidiary means for the determination of rules of law, as an instrument for carrying out systemic interpretation, and as a way of invoking and delimiting inherent powers. Through this analysis, the paper questions the view according to which recourse to external precedent necessarily contributes to the legitimacy of international courts and tribunals. It shows that, at least in procedural matters, this nexus is not straightforward and varies according to the context in which reference to external precedent is made.

Report of the General Committee: 24

SummaryDr Sandra Knapp has been appointed as President for the Nomenclature Section at the XX IBC to be held in Madrid in July 2024 and Dr John Wiersema's appointment as Vice‐rapporteur has been approved. Decisions of the General Committee are reported on proposals and requests in Report 71 of the Permanent Nomenclature Committee for Vascular Plants (NCVP), Reports 21 and 22 of the Permanent Nomenclature Committee for Algae (NCA), Report 14 of the Permanent Nomenclature Committee for Fossils (NCFoss), as well as proposal (1960) from NCVP Report 63. The GC also considered various procedural matters: (1) voting by committee members on their own proposals; (2) definition of a “simple majority” and the potential use of a quorum; (3) two‐step voting on requests for binding decision; (4) date of authorization of binding decisions and suppression proposals.

Review of the monograph by M.S. Horodetska. on the subject of knowledge in criminal proceedings.

The monograph by Maryna Sergіїvna Gorodetskaya vikonan on the topical topic “The subject of investigation in the criminal process”[1] and new scientific achievements for the criminal process science was reviewed; The author cited a complex approach to the interpretation of the criminal procedural subject matter of investigation, cultivating it as a matter of fact (pages 14-196) and structural life (pages 270-344), as well as dealing with the subject matter with the lower categories of criminal procedural -269), as well as the prevention of criminal prosecution (page 348-437).

Perceptions of police use of surveillance cameras in Ghana; does procedural justice matter?

PurposeThis paper aims to investigate the effect of perception of police use of surveillance cameras (POP-S), perception of police legitimacy (POP-L) and community well-being. The study further explores the mediating effect of procedural justice between POP-S and police legitimacy.Design/methodology/approachA convenience sampling technique was used in the selection of 388 participants, who answered questions relating to police use of surveillance cameras, legitimacy, procedural justice and community well-being. Structural equation modeling was used to test the effects of the hypothesized paths.FindingsThe findings showed that POP-L was positively related to community well-being. In addition, procedural fairness partially mediates between POP-S and police legitimacy.Research limitations/implicationsThe study sample was limited to only motorists within the city of Accra. Hence, the study does not consider other potential offenses that may be uncovered by police-deployed surveillance cameras.Practical implicationsThe study optimizes the relevance of technology use in contemporary policing for the elimination of road traffic carnage.Originality/valueIn this research, the academic scope of technology-based policing was scholarly advanced by drawing links between police use of surveillance cameras, police legitimacy, procedural justice and community well-being within the context of emerging economies.

The Evolution of the Regulations regarding the Right to Compensation for Judicial Errors in Criminal Trials - Based on the Influence of International Conventions, National and ECHR Jurisprudence

The legal institution regulated by art. 505-507 of the Criminal Procedure Code represents the last step of the complex of procedural guarantees subsumed by the notion of purpose of the criminal trial. The entire regulation in criminal procedural matters has in mind this axis, of finding out the truth, in the event that the mentioned finality would not be achieved by resorting to the procedural remedy of the ordinary and extraordinary appeals, so that, in the end, the court decision, once definitive, is considered the expression of the truth (res judicato pro veritate habetur). It was noticed, however, that the elimination of errors by means of the above-mentioned procedure does not always lead to the removal of all the consequences of an unjust act of justice, due to the consequences they generate, specifically, for on the person who was previously subjected to judgment. As a result, the legal provisions regarding the reparation of damage in case of false conviction or ilegal arrest are emerging as a complementary institution to the criminal process, necessary for the execution of justice and the restoration of the legal order.

Topic Modeling as a Tool to Analyze Child Abuse from the Corpus of English Newspapers in Pakistan

Child maltreatment is a global issue deeply rooted in cultural, economic, and social practices. The present study investigates the representation of child abuse in the mainstream newspapers of Pakistan (i.e., Dawn and The News) from 2013 to 2020. This specific time frame is that these cases increased during these years. The data regarding the child abuse cases were accessed from the LexisNexis database. A computational technique of topic modeling (Latent Dirichlet Allocations) was applied to discover the hidden topics from the filtered data. The study underpinned Computational Grounded Theory as a theoretical frame for this study. The results reveal topics related to awareness of child abuse, the types of child abuse, and the law and procedural matters specific to child abuse cases in Pakistan. The study brings possible implications that child protection laws are to be improved to overcome the menace of child abuse in Pakistan.

Lov og lovgivning i middelalderen. Nye studier av Magnus Lagabøtes landslov

Lov og lovgivning i middelalderen. Nye studier av Magnus Lagabøtes landslov

Does change agent selection procedure matter? A strategic decision-making toward a more objective selection approach

PurposeWhile studies have established the important role of change agents throughout organizational change programs and emphasized the change agents’ impact on outcomes of change efforts, it could be argued that the decision-making procedure for the selection of change agents may also influence the success of organizational change programs in several ways. This research aims to explore and compare the potential influence of a traditional change agent selection procedure with a more systematic and objective approach.Design/methodology/approachA qualitative case study has been conducted, before and after testing a group decision support system for the selection of change agents in an organization that was on the verge of a major rebranding.FindingsThe main findings suggest the importance of objectivity, transparency and attention to competency in the selection procedure for the role, while providing evidence for using a systematic participative decision-support process for the selection of change agents, leading to several desirable organizational outcomes, including improvements in perception of objectivity, trust, transparency, fairness and competency related to the selection process.Originality/valueDrawing from the previous studies and the presented findings, this study offers evidence on the importance of paying attention to the selection procedure for the change agent role as it could potentially have an influence on the employees across organizations and, consequently, the success of change programs.

Scriptism with a vengeance. Or, how writing was forgotten.

Scriptism is ‘the influence of writing on the conceptualization of speech’ (Taylor, 1997, p. 52). Language theories as well as lay understandings of the relation between speech and writing are saturated with scriptist-induced notions. Scriptism excludes from consideration features of speech that cannot be rendered in writing and, hence, writing effectively comes to define the extent of the disciplinary domain of linguistics. The irony is that modern linguistics assigns primacy to speech and considers writing to be no more than a representation of speech. However, the irony is double as it seems that scriptism has had repercussions on the conceptualization of writing as well. Features of writing that cannot be integrated with speech communication are ignored as a matter of standard procedure, not only by linguists. Writing has become structurally forgotten. In this essay, I discuss some consequences of this mutual exclusion of features of speech and writing, and how they affect textual scholarship besides linguistics.

Climate negotiations: time to implement planetary health promises

Climate negotiations: time to implement planetary health promises