Resolve Civil Cases Research Articles

Problem aspects of adoption in civil proceedings of Republic of Kazakhstan

The relevance of this study was conditioned by the reduced level of effectiveness of one of the key social institutions due to the presence of problematic aspects and conflicts of legislation. In this regard, the purpose of this study was to analyse the problematic aspects of the current adoption procedure under the current legislation of the Republic of Kazakhstan. The study employed several methods of scientific cognition, namely logical analysis, formal- legal, functional analysis, dogmatic, legal hermeneutics, and others. A study of statistical data on the total number of registered orphans revealed that the current figures are still quite high; however, the number of children raised in orphanages is declining. This study investigated the legislative acts that thoroughly regulate the procedure and order of adoption, namely the Convention on the Rights of the Child, the Civil Procedural Code of the Republic of Kazakhstan. It was noted that a significant role in adoption cases is given to the decisions of the plenums of the Supreme Court of the Republic of Kazakhstan, which serve as a guide for the courts in considering and resolving civil cases and are applicable to different proceedings. It was also found that the national legislation of the Republic of Kazakhstan does not make provision for such a procedure as pre-adoption, compared to the foreign practices of some countries. No less important is the analysis of the adoption procedure for found and abandoned children by foreign nationals. The practical value of the obtained results lies in providing a detailed characterisation of the mentioned process and offering some recommendations for its improvement

LEGAL REGULATION OF ELECTRONIC EVIDENCE IN AFRICAN COUNTRIES

The article presents an overview of the legislation of a number of African countries, including Egypt, Nigeria, South Africa, Kenya, Ghana, Qatar in the context of regulation of electronic evidence. Thus, national legislative acts, judicial practice, opinions of authoritative lawyers were considered, on the basis of which characteristic and distinctive features of the institution of electronic evidence were identified, as well as the requirements imposed by procedural legislation on their admissibility in the judicial systems of African countries. General trends in the use of electronic evidence by African courts in resolving civil cases were established. As a result of the study, the authors concluded that the institution of electronic evidence is rapidly developing in the procedural legislation of African countries.

MEDIASI DALAM PERKARA PERCERAIAN OLEH HAKIM PENGADILAN AGAMA

Marriage includes 2 (two) individuals, namely a man and a woman who have the aim of forming a happy family. Every individual in building a family has rights and obligations that must be implemented and obtained. If one of these obligations is ignored, it can hinder the achievement of the goals of the marriage itself. Divorce is a process of ending a marital relationship. Before a divorce agreement is reached, mediation will be carried out between the two parties with the aim of reconciling the two parties so that there is no need for a divorce. The method used in conducting research is qualitative using a descriptive approach. This approach refers to a systematic and accurate depiction of facts and characteristics of research objects and subjects. Mediation in resolving civil disputes, especially in the context of divorce in the Religious Courts, has been carried out in accordance with applicable regulations. Factors inhibiting the success of mediation in resolving civil cases, especially divorce in the Religious Courts, include strong differences of opinion regarding divorce, prolonged conflict, lack of good intentions to reconcile, and the influence of mental or emotional factors.

The System of The Trial Agencies that Resolve Civil Cases in Vietnam Currently

Purpose: the aim of this study was to the system of the trial agencies that resolve civil cases in Vietnam currently. Theoretical framework: Currently, the number of civil cases tried every year in Vietnam is increasing rapidly. According to statistics from the Supreme People's Court, on resolving civil, marriage and family, business, trade and labor cases, in 2021, the Court handled 411,299 cases, with 324,813 resolved and adjudicated, reaching a rate of 79%. In 2022, the Court handled 444,402 cases, with 386,944 cases resolved and adjudicated, reaching a rate of 87.07% (Supreme People's Court, 2021). Design/methodology/approach: To meet the needs and demands of judicial work, the People's Court system is increasingly being organized scientifically and strictly. Especially since the establishment of the 2014 Law on Court Organization, the People's Court system in Vietnam has changed greatly compared to the time before this particularly important law took effect. Findings: However, with the impact and influence of international integration and economic and social development, the adjudication of civil cases in Vietnam always poses demands on the People's Court system. Discussion: Therefore, currently, research on the structure of the judicial agencies that resolve civil cases has become especially important and necessary in Vietnam, to promptly find solutions to improve their operational efficiency and perfect the law.

Authentic Deeds as Evidence in Civil Cases

Deeds in law have a very important function and role in proving to resolve legal problems, especially authentic deeds. Authentic deeds in resolving civil cases are very important for determining rights and obligations when a dispute arises from a civil legal relationship. In social life there is always a gap between practice and theory, especially regarding the rights and obligations of the parties. The existing problems are: 1. how to apply Authentic Deed Evidence in civil cases in court, 2. what is the judge's consideration (legal reasoning) in assessing authentic deeds which are argued to have dwaling (mistake), fraud (bedrog) or coercion (dwang) . Based on the analysis of normative juridical research, it will be clear that: First, the application of authentic deed evidence in civil cases in court is based on statutory regulations as stated in statutory regulations, namely Article 1866 of the Civil Code and Article 164 HIR, which consists of: a .documentary evidence, b. witness evidence, c. allegation, d. confession, and oath. Second, that the judge's consideration (legal reasoning) in assessing an authentic deed which is postulated to be dwaling (mistake), fraud (bedrog) or coercion (dwang) is and is based on the existence of general facts and specific facts in making a decision and is based on the judge's confidence in determining The quality of the decision is based on Article 1865 of the Civil Code, Article 163 HIR. According to this system, evidence must focus on the main arguments relating to rights or facts, as long as they are denied by the opposing party.

Relations Developing in Arbitration Proceedings and the Subject of Civil Procedure Law

The paper examines the question of whether relations developing in arbitration proceedings are included in the subject of civil procedure law. The author describes the positions of researchers and the arguments justifying them. In the paper, the author derives a criterion for the unification of public relations under the subject of civil procedure law. As such a criterion the paper defines an objective social need or interest in the legal regulation of certain public relations in a unified system of procedural safeguards (in a civil procedural form), taking into account the nature of these relations and ensuring to the maximum extent the real protection of the rights and legally protected interests of persons. It is concluded that the legal regulation of public relations developing with the arbitral tribunal is designed to satisfy the need for a qualitatively different procedure for resolving civil cases as compared with the system of justice. These relations objectively are non-procedural in their nature and are not included in the subject matter of law of civil procedure. In confirmation, the fact is given that in arbitration proceedings there is a rejection regarding procedural guarantees that are fundamental for civil procedure law.

Загальні засади розгляду і вирішення цивільних справ з питань виховання дитини

Загальні засади розгляду і вирішення цивільних справ з питань виховання дитини

Liability Beyond Law: Conceptions of Fairness in Chinese Tort Cases

AbstractEmpirical work consistently finds that Chinese courts resolve civil cases by finding a compromise solution. But beyond this split-it-down-the-middle tendency, when and how do Chinese courts arrive at decisions that feel “fair and just” in cases in which they invoke those ideas? Drawing on a data set of 9,485 tort cases, we find that Chinese courts impose liability on two types of parties with ethical, but not legal, obligation to victims: (1) participants in a shared activity and (2) those who control a physical space. In these cases, Chinese courts stretch the law to spread losses through communities and to acknowledge traumatic harm. Considering fairness, then, returns Chinese courts to their long-standing role as managers of communities who respond to misfortune by assigning legal responsibility to relationships that range from intimate to surprisingly tenuous.

EFEKTIVITAS PENERAPAN E-COURT PENGADILAN NEGERI SORONG KELAS I B DALAM PERKARA PERDATA PERMOHONAN PENGANGKATAN WALI BAGI ANAK

The judiciary in Indonesia adheres to the principle of Containe Justice or the principle of simple, fast and low-cost justice. However, in reality, the judiciary in Indonesia is overburdened, slow and expensive, so the Supreme Court has reformed it by launching an electronic court system (e-Court) service as regulated in Perma Number 3 of 2018 concerning Electronic Court Administration, which was later abolished and refined in accordance with Perma Number 1 of 2019 concerning Electronic Administration of Cases and Trials in Court. Then it was refined again with Perma Number 7 of 2022 concerning Amendments to PERMA Number 1 of 2019 concerning Electronic Administration and Trials in Court. Based on this, this research aims to find out how effective e-Court is in resolving civil cases regarding applications for the appointment of guardians for children and for find out the obstacles experienced by the Sorong Class I B District Court in implementing e-Court.

Types of general competence

In this article, the types of general competence of jurisdictional bodies in the domestic and other states' doctrine are analyzed. In particular, the classifications from the literature of the Russian Federation and Romania regarding general competence were analyzed. The problem of dividing the general competence of the jurisdictional bodies was highlighted. In the same way, our opinion regarding the types of general competence, which improves the doctrine in this field, was exposed. The criteria for classifying the types of general jurisdiction were analyzed, as well as the criteria for the proper division of the proper powers of the jurisdictional bodies to resolve civil cases.

THE CHALLENGES OF VILLAGE COURTS TO OPERATIONALIZE AT THE LOCAL LEVEL: A CASE STUDY IN THE SOUTHWEST REGION OF BANGLADESH

The village court and alternative dispute resolution (ADR) promised to resolve civil cases instead of regular court proceedings in rural areas, as it takes less time and is a more cost-saving process. Village courts are a useful pattern of dispute resolution in the local community by avoiding formal judicial mechanisms. This study examines the strengths, weaknesses, opportunities, and threats (SWOT) of village courts in rural Bangladesh. Additionally, it identifies the challenges of village court to operationalization at the local level. To do that, by employing multistage sampling technique, nine unions from rural communities in Bangladesh's southwestern districts of Bagerhat, Khulna, and Sathkhria were selected as study areas. Mixed method approach was adopted, where 141 households were surveyed by using a semi-structured questionnaire for quantitative data, and three focus group discussions (FGD) and key informant interviews (KII) were applied to collect qualitative information. Descriptive statistics and SWOT analysis were carried out to address the research objective. The study result demonstrates that the middle-aged (31-40 year) group, secondary level of education, and lower middle-income (10,001-20,000 BDT/month) people are the main stakeholders in reporting disputes to the village court. The findings from qualitative part show that the main challenges of village court are the lack of manpower, logistic support, infrastructure, and lack of training for village court personnel. Other challenges are the lack of awareness of local people regarding the law relating to village courts and their limited pecuniary jurisdiction (up to 75,000 BDT). However, village courts have several strengths, including fair trials, the existence of rules and regulations, a well-accepted body, easy access to justice, and less paperwork. This study demonstrates that resolving the present problems will increase the efficacy of village courts, allowing them to provide cost-effective, timely, and harassment-free justice to local communities. Therefore, the study recommends that the government should take the necessary action and amend the law relating to village courts to overcome the existing challenges and fully functionalize them for the greater wellbeing of local communities in Bangladesh.

Efektivitas Mediasi Dalam Meminimalisir Angka Perceraian di Pengadilan Agama Kota Jambi

The aims of this study are to find out and analyze the effectiveness of Mediation in minimizing divorce rates in the Jambi City Religious Court; and to find out and analyze the factors of the failure of Mediation in minimizing the divorce rate in the Jambi City Religious Court. The method used in this research is empirical juridical. The results of the research are based on what has been carried out as follows: that the effectiveness of mediation in minimizing the number of divorce in the Jambi Religious Court is still not effective, seeing from the results of the research conducted the number of divorce cases from 2020 to 2022 has increased, empowerment of mediation institutions in resolving civil cases, especially regarding the matter of divorce at the Jambi City Religious Court as evidenced by the small number of successful cases in Mediation. Based on the factors of the unsuccessful Mediation in the Jambi City Religious Court, the absence of the parties themselves, as well as the parties who are selfish and do not apply principles to resolve their problems peacefully, the absence of the parties will make it difficult for the Mediator to resolve the problem by reconciling the parties and the Mediator does not understand the problems faced by the parties so that the Mediation process is still not effective in reconciling the litigants, especially divorce cases.

Covid19 Disaster: Examining the Role of the Village Head in Settlement of Civil Cases

This study aims to determine the authority and role of the village head in resolving civil cases currently being faced during the Covid-19 pandemic. This study uses a normative juridical research method. The results of this study indicate that the Village Head has the authority to lead the administration of village governance, establish village regulations, foster village community life, and foster peace and order in the village community. Then the authority of the Village Head One way to resolve civil dispute cases is by facilitating, mediating, and coaching as well as motivating the public to resolve disputes between the two parties. The role of the Village Head in resolving civil dispute cases is as a peace judge before entering the realm of litigation. It was found that the role is the same as that of judges in the realm of litigation, in that the village head becomes a facilitator in civil matters or cases, plays a passive role but is oriented towards mitigating more widespread conflicts within his territory. The COVID-19 pandemic has reduced the resolution of disputes into the realm of litigation, but many have been resolved by village heads as an anticipatory measure against the spread of the virus. The results of this study recommend that the role of the village head can carry out the function of a judge in resolving civil issues through training organized by relevant institutions for the settlement of civil cases.

The Phenomenon of Civil Dispute Claim Settlement Through Police Report a Restorative Justice Approach

This research was initiated by the phenomenon of civil disputes which were reported to the police, so what was originally civil disputes became criminal domain. The principle of restorative justice is a breakthrough in the criminal legal system seeks to provide justice to the parties (especially to the victims) by prioritizing recovery to its original state (before crime happened) and restore good relationship in the society, instead in factual (das sein) restorative justice was used to resolve civil cases such as account receivable claim or bad debt through police reports, which theoretically (das sollen) account receivable claim or bad debt should be resolved through the mechanism of civil law proceedings. The author chooses qualitative research method type of document study (literature study) using primary data and secondary data as sources of data in this study, including examining police regulations and restorative justice books written by police writers, police practitioners who are also academics, to understand the problems and to answer the research questions, as well as to achieve the research objectives. From this research the authors found that there is privilege in using criminal approach that was not found in the civil law proceedings, and by using the principle of restorative justice it is more possible for the parties to reconcile in a criminal case.

Penyuluhan Hukum Tentang Peranan Alat Bukti Persangkaan di Lingkungan Gatep Permai Kelurahan Taman Sari Kecamatan Ampenan Kota Mataram

A proof by law is essentially a process of determining the substance or essence of the existence of facts obtained through a reasonable measure with a logical thought of the facts of the past which are not clear to be clear facts in relation to the matter examined. Therefore, we conducted legal counseling on the role of evidence of suspicion in the beautiful gatep environment of Taman Sari sub-district, Ampenan sub-district, Mataram City. Which aims to spread widely about the importance of evidence in civil matters especially in the settlement of civil cases which should include evidence of suspicion in evidence as a means or tool to resolve a matter that is key and very important and decisive in resolving civil cases in addition to improving knowledge and awareness of the law in society. The method used in this extension activity is to use the method of lectures and discussions. So it is hoped that participants can better understand the material presented. The target audience for this activity is students, village youths and the general public in the area of Gatep Permai. Based on the results of the evaluation conducted by the counselor after the completion of this counseling activity in general can be said that the new participants know the material presented, due to the lack of knowledge of participants about the role of evidence of suspicion.

ОСОБЛИВОСТІ ЗАЛУЧЕННЯ НОТАРІУСА ЯК ЗАІНТЕРЕСОВАНОЇ ОСОБИ У СПРАВАХ ЩОДО ВСТАНОВЛЕННЯ ФАКТУ ПРОЖИВАННЯ ОДНІЄЮ СІМ'ЄЮ ЧОЛОВІКА ТА ЖІНКИ БЕЗ ШЛЮБУ

The purpose of the research paper is to disclose practical issues of the appropriateness of involving notaries as interested persons in cases to establish the fact of living by the same person a man and a woman without marriage. In order to achieve the objectives in the course of scientific research the authors applied formal-logical, dialectical, dogmatic and other general scientific and special research methods. The research paper notes that today notaries in almost all inheritance cases related to the establishment of this fact, involve a notary as an interested person. The authors emphasize that such practice is not justified, because the notary, who does not have an inheritance case in particular, cannot be considered an interested person. In order to reveal the above-mentioned issues, the authors study in detail the theoretical provisions of the procedural-legal status of interested persons, as well as the question of the legal status of the notary. The research paper also carries out a comparative analysis with the lawsuit proceedings in order to characterize the peculiarities of attracting a notary as a third party without declaration of independent claims. Particular attention is paid to the analysis of the practice of involving public authorities as interested persons in cases of this category. The conclusions define the procedural and legal status of the notary when considering and resolving civil cases arising from legal relations concerned with the performance of notarial acts. The dependence of the civil procedural status of the notary on his legal status is established. Also the authors have analysed the national judicial practice in order to identify significant gaps in cases of this category and offered their own proposals for the improvement of existing problems. The authors also propose the author's definition of interested persons in cases of this category.

Peran Mediator dalam Proses Mediasi Upaya Menyelesaikan Perkara Perdata (Studi Kasus di Pengadilan Negeri Pasuruan)

The purpose of this study is to analyze the role of mediators in the me-diation process for efforts to settle civil cases and examine the obstacles faced by mediators in mediating efforts to resolve civil cases. This re-search is an empirical legal research because it identifies the role of mediator. The results show that the effectiveness of the mediator's role in the settlement of civil cases in the Pasuruan District Court has been running well. Mediators consisting of judges and substitute clerks can bridge, reconcile and mediate the problems of the two disputing parties. Based on data in the field, the obstacles that cause failures in the media-tion process are as follows: mediators are still not proactive in carrying out mediation tasks, among others; the disputing parties, outside medi-ators do not understand the mediation procedure in accordance with applicable regulations, there are often disagreements between the dis-puting parties because they focus on winning and losing alone, not a win-win solution for the common good. The mediator must really un-derstand his role as a mediator so that deadlocks or obstacles are not found in the mediation process.DOI: https://doi.org/10.26905/mlj.v2i1.6254

PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016

The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.

E-Court in resolving civil cases - Foreign experiences and recommendations for Vietnam

Applying digital technology in state management activities is a trend that many countries are actively implementing. Experiences from other foreign countries show that digitizing and technologizing judicial activities is an inevitable trend to simplify administrative procedures, maximize the settlement of disputes to ensure legitimate rights of people, and to maintain social order. Vietnam is therefore not out of that trend. However, the application of information technology to the Court's activities in Vietnam has just been initially organized through a number of activities such as online filing, electronic case management..., but for the online trial, the Vietnamese law still does not have a complete legal framework. In the context of Covid-19 epidemy, the employment of E-court becomes even more necessary than ever. Because of social distancing, many activities, including court trial have been postponed. This can cause many inconveniences to the court (to comply with the law on procedural time), and to the parties (who wants to solve their legal issues as quick as possible, so that they can enjoy well their legal rights and interests). However, this model of court needs many conditions to be developed: investment of Government, qualifications of competent persons, people’s scientific and technical level… It should be noted that technological measures are just a different implementation method of the procedural provisions, but due to being as the procedural law, these implementation steps should be clearly specified in the law, so as not to be considered a violation of the proceedings. Thus, the contents of law need to be legalized such as applicable conditions, procedures on initiating a lawsuit, on giving announcement to parties... In fact and theory, all kind of civil cases can be judged online as long as the requirements of platform and demand of participating parties are met. And the civil procedure law can add regulations about the online method to some of necessary procedural steps as an additional choice to the parties. The article focuses on recommending the building of a E-Court model in Vietnam in civil proceedings, where this model can be effectively applied due to the civil nature of the case, with the research method of analysis, thesis and comparison with other foreign laws, such as Malaysia, Korea, Australia and Canada.

Legal Issues and Trends on the Responsibility and Ethics of Artificial Intelligence

Due to the nature of decoupling between artificial intelligence and the intention of the designer and black box problem as well, the traditional negligence liability regime is difficult to function properly in imposing civil liability for errors or omissions in opinion of artificial intelligence. Even it is difficult to apply the current Korean Civil Code provisions, such as ‘liability of possessor or owner of buildings or structures’ and ‘employer s vicarious liability’ provisions, ditectly to the civil cases for errors or omissions in the opinion of artificial intelligence. It is desirable to resolve those cases with strict liability or no-fault liability regime, based on objective indicators such as defects rather than negligence responsibility based on subjective indicators such as intention, fault, or negligence. Some further legislations would be required in the near future to resolve civil cases regarding the defects of artificial intelligence, but even prior to those efforts, a method of directly applying or analogizing the product liability law could be suggested provisionally instead. In judging defects in the opinion of artificial intelligence, it should be considered, most of all, whether the best practice recognized in the industry has been faithfully applied in each step in the main procedure of the machine-learning process used in artificial intelligence models. The bias issue of the data and informations used in the machine-learning process is most important consideration as well. In relation to packet based wiretapping in the national defense and security fields, artificial intelligence needs to be operated systematically with a focus on ‘traffic analysis,’ which is likely to minimize the possible infringement of human rights including privacy of the people. Regarding the responsibility and ethics of artificial intelligence, international organizations and non-profit organizations, as well as governments and corporations, have also been developing various ‘ethical principles’ to remove legal blanks and provide legal basis for the use of artificial intelligence. In this paper, the domestic and foreign discussions on the issues above are explored extensively and the applicability of the specific laws of Korea is reviewed in a comparative way.