Special Order Research Articles

Special guardianship best practice guidance

Dr Louise Sims, kinship care and fostering development consultant at CoramBAAF, on new guidance for special guardianship orders

On the issue of formalization of the creation of special geotechnical maps

Today in the scientific and technical literature of Kazakhstan as well as abroad there are a significant amount of works which have been devoted to engineering-geological mapping. By means of specialized maps it is obviously possible to assess geological profile of building ground in general, and separate sites of project facilities. The assessment of geological profile of territory of cities is impossible without geoinformation technologies at the present time. Improvement of mapping services and technologies of GIS software are widely used for engineering-geological mapping, development plan of territories, forecasting dangerous natural processes and assessment of various risks. However introduction of geoinformation technologies and special engineering-geological mapping in the Republic Kazakhstan is underdeveloped and does not play a leading role in engineering practice. The article addresses formalization of the process of creating special geotechnical maps in GIS as a certain step-by-step description of the process, based on a number of principles that determine the characteristics of map indicators and the methods of mapping. Special geotechnical maps are a basis for the decision of practical problems connected with an arrangement of constructions on the building ground, a detailed planning and project formulation of building blocks. The analysis of the existing methods of assessing geological profile of the built-up territory of the city was given in order to optimize the survey and engineering work on the construction of foundations, an example of the developed geoinformation database for the analysis of geotechnical properties of soils and the development of special geotechnical maps was given in addition. Also examples of types and the reasons of deformations of buildings and constructions caused by variations in the bases of foundations , besides the research works of the authors who developed their own methods of conducting engineering and geological surveys and special geotechnical maps have been analyzed and the concepts as «engineering-geological maps», «special geotechnical maps» have been defined.

Promena izazova i metoda upravljanja krizama u okviru stabilne vladavine prava - ustavni odgovor Mađarske na izazove 21. veka

The defence and security of Hungary is a national matter, on which the survival and development of the nation, the community and individual rights are based. It is a priority objective to enhance the security of the country and the nation and to fulfil Hungary's obligations in the international alliance system. In view of this, the continuous functioning of the State organisation, the performance of security and defence tasks and, if necessary, the restriction of citizens' rights within the constitutional framework must be ensured with adequate operational efficiency and in full compliance with the guarantees of the rule of law, even in the context of the peacetime and special legal order periods defined in Fundamental Law, and in the course of coordinated preparation and defence against various threats, harmful, influencing and offensive behaviour based on natural and civilizational events and human actions. The security challenges of the 21st century and the rapidly changing environment call for a new regulatory framework that can provide a flexible, transparent way in which defence and security system can operate in peacetime and in times of special legal order. A framework for the preparation of state bodies needs to be provided and measures along which the competent bodies can act in a period of special legal order need to be defined in detail, so that the country's functioning and its legal order can return to normal as soon as possible after the reason of the special legal order has been lifted. It is an important pillar of stability of a democratic state that the freely elected legislature, Parliament, determines the content and the form of cases in which it is possible to derogate from the general rules. There are different types of special status, so the concentration of power should be implemented only to the extent strictly necessary to resolve the situation, in accordance with the principle of proportionality. The institutions of special legal order are therefore institutions of a temporary and urgent nature which can be deployed as ultima ratio of state instruments in a situation of necessity, provided that their constitutional conditions are met.

О СУЩНОСТНЫХ СВОЙСТВАХ ПРИГОВОРА

The article analyzes the features of the court sentence, which the science of criminal pro-cedure law traditionally defines as its external properties. The authors justify that such traits of the sentence as exclusivity, obligatory, verity and prejudicialness should be understood not as external, but as essential properties of the sentence. This is explained by the fact that the sentence as an individual act of a sub-regulatory regulation is an additional element of the legal criminal and criminal procedure regulation mechanisms, strengthening their impact on public relations. In this regard, the sentence a priori, regardless of the law-realization activities of the court, must have the properties of exclusivity, generally binding nature, verity and prejudi-cialness, because otherwise, the legal regulation will not achieve its purpose. This is the point of the sentence coming into force, and therefore, in the state of the final law enforcement decision, which means a certain resolution of the criminal dispute. The onset of the mentioned legal condition is associated with the launching of the principle of legal certainty, which ap-plies to the sentence only if there are such properties as exclusivity, generally binding nature, stability (irrevocability, cogency, invariability, and steadfastness), verity and prejudicialness. Prejudicialness and the related presumption of truth are not characteristic of any court deci-sion, but only the sentence, as they are based on the legal reliability of the court's conclusions, which is ensured by the course and the result of the trial, which includes the proof in the judi-cial investigation. Therefore, legal reliability is inherent only in the court's findings obtained during the trial, which is conducted in general order - without exemption from traditional fact-establishment procedures. In the case of the sentence, it should be a degree of legal reliability that allows it to be confirmed externally in the sentence by a legal symbol, i.e. the indication that it is ruled in the name of the Russian Federation. It is substantiated that the sentences, which were ruled in a special order, are illogical to confer on the property of stability because of the lack of legal reliability, which should not only be externally confirmed by the ruling on behalf of the Russian Federation but be also ensured by the entire course of the trial with a full-fledged judicial investigation. Such sen-tences, which were ruled in a special order, should not only be "blessed" by the symbol of legal reliability but should also be called in a different way, that will distinguish them from the sentences - full-fledged acts of justice, having all the necessary essential properties. It is argued that the reflection of the "conciliatory" nature of such a court decision, which is the result of compromise proceedings in the names of the above sentences, is appropriate. It is proposed to call it a "conciliation sentence" - as such it will represent a separate type of conviction.

Creating large-scale maps for agriculture using remote sensing

Reliable information on the real state of agricultural lands will be required to the development of appropriate measures for the rational use of agricultural lands. To obtain such information, it is necessary to keep permanent and systematic records and inventories of land resources. Large-scale special plans and maps will be required for accounting, inventory and classification of agricultural land. Currently in Uzbekistan such cartographic materials are being created on the scale 1: 10 000 and 1: 25 000 by administrative and territorial units, farms or individual land plots. The article considers the issues of creation of special maps of agricultural land in scale 1:10000 on the example of Sharof Rashidov district of Jizzakh region using remote sensing data with very high spatial resolution KOMPSAT-3.

Optimal control of an inventory system under whole sale price changes

Nowadays business owners use lots of incentive schemes to make customers buy more products. In this paper optimal ordering policy for customers is obtained when the manufacturer increases the purchasing price or temporary decreases it. Offering a special sale from the manufacturer is probabilistic and shortage occurs as partial backlogging. In this paper, the initial level of inventory when the purchasing price changes is not equal to zero. With respect to the assumptions, the amount of special order quantity, the shortage quantity, and the expected total saving from making an special order is optimized for the customer. The optimal amount of decision variables are obtained by maximizing the expected total saving function and a closed-form solution is derived. Several numerical examples are solved and sensitivity analysis is performed to prove the applicability of the proposed model. Finally, the impact of some parameters of the model including the demand, the probability of making a special order, the future prices, and the initial inventory is investigated. Optimal ordering policy for the customers is obtained in cases when an announced price increase occurs and when the prices temporarily decrease.

The court may consider the case in a special order without the confession of the accused

The court may consider the case in a special order without the confession of the accused

Should videoconference be elected over personal presence in criminal legal proceedings?

This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.

ЗНАЧЕНИЕ КАТЕГОРИИ «ОБОСНОВАННОСТЬ ОБВИНЕНИЯ» В УГОЛОВНОМ СУДОПРОИЗВОДСТВЕ

The aim of the article is to identify the meaning of the category “validity of the charge” in criminal proceedings and the scope of its application. After analyzing the content and legal essence of this category, as well as procedural situations in which it is necessary to establish the validity of the charge, the authors come to the following conclusions. Any coercive measures against suspects and accused persons can be applied only if there are serious grounds to assume that a person is involved in the commission of a crime since the restriction of the most important constitutional rights of citizens who, by virtue of the presumption of innocence, are innocent of committing a crime is possible only in exceptional cases. The validity of the charge (suspicion) assumes that a person is involved in the commission of a crime, as well as the fact of the criminal prosecution of this person. It is established if there is sufficient evidence that a person may have committed a crime (a person was caught committing a crime or immediately after it was committed; the victim or witnesses identified the person as the perpetrator of the crime; obvious traces of the crime were found on the person or their clothing, with them or in their house, etc.). The validity of the charge may be confirmed by a decision to initiate a criminal case and bring a person as an accused, by protocols of detention, interrogations of the accused, the victim, witnesses, and other materials. In the procedural sense, the conditions for establishing the validity of the charge differ significantly. When resolving the issue of the use of detention and other preventive measures, the validity of the charge is established within the framework of a court session in the conditions of adversariality with the participation of the parties. When giving the court permission to conduct investigative and other procedural actions in accordance with Article 165 of the Criminal Procedure Code of the Russian Federation, to ensure the secrecy of the investigation, the issue is resolved in the absence of adversariality with the possible participation of only the prosecutor, the investigator, and the inquirer. The category “validity of the charge” is significant in legal terms in a criminal case with the special order of proceedings. A prerequisite for the court to consider a criminal case in a simplified procedure is the validity of the charge and its confirmation by the evidence collected in the case. The validity of the charge in the appointment of a trial in the special order provided for by Chapter 40 of the Criminal Procedure Code of the Russian Federation is established by the court outside the court session in the absence of the parties. In any of the above situations, the court is responsible for establishing the validity of the charge since failure to establish it means that the decision made is unfounded.

Iterated function system of generalized contractions in partial metric spaces

In this paper we aim to obtain the attractors with the assistance of a finite family of generalized contractive mappings, which belong to a special class of mappings defined on a partial metric space. Consequently, a variety of results for iterated function systems satisfying a different set of generalized contractive conditions are acquired. We present some examples in support of the results proved herein. Our results generalize, unify and extend a variety of results which exist in current literature.

The impact of COVID-19 on the practice of the Hungarian administrative procedural law

In my study, I make an attempt to show how the special legal order has changed the regulation of administrative procedure in Hungary. Last year, a record number of decrees were issued in order to regulate the changed life situation as widely as possible. The administration could also not be an exception. In my study, I present the changes through examples. I deal in detail with the legal institution of the public hearing. I chose this because basically, in "peacetime", this legal institution would be inconceivable in practice without the personal presence of the clients, but in the changed life situation, the rules that apply to it cannot be fully applied. I supplement my remarks by supporting statistical data.

The Role of the Spanish Armed Forces in the Fight against the Covid-19 Pandemic

Similarly to other European countries, the Spanish Government decided to take extensive measures against the spread of the Covid-19 virus in the country with the announcement of special legal order, curfews and the deployment of the armed forces. The ‘Fuerzas Armadas Españ olas’, the FAS, have had an active role in the fight against the pandemic ever since executing a wide variety of tasks on a daily basis, including disinfecting critical infrastructure, and supporting the detection and the monitoring of infected citizens. Besides summarising the role of the Spanish Armed Forces in the fight against Covid-19 in the first year of the pandemic, the present paper explores other aspects of the deployment, such as civil–military relations and the attitude of the society towards military personnel.

State defense during the first wave of the COVID-19 pandemic: the cases of the Russian Federation and Hungary

The first cases of the COVID-19 epidemic, registered in January 2020, and the first wave that followed, hit the world unprepared. The only means available to the various states were the various restrictive measures expected to alleviate the epidemic. In this article, the restrictive legal measures of two European countries, the EU member state Hungary and non-the EU member state Russia, are compared from the rule of law and law enforcement. The special legal order introduced in both countries and the measures taken within its framework have resulted in a significant restriction of fundamental rights. The epidemiological data of the two countries differed significantly, yet they tried very hard to defend themselves with similar means. There are two primary differences. Russia has used more robust control mechanisms to enforce similar measures, presumably due to the more difficult epidemic situation. The other difference is that Russia’s restrictions against Hungary did not cover freedom of expression and freedom of expression. As both the state of emergency and, with it, the more severe restrictions were lifted during the period under review. Following the reduction of the epidemic situation, both states remained within the legal framework.

Тhe Russian strategy of spatial development: trends and realities

The article deals with cartographic approaches to the analysis of infrastructure development in Russia. Drawing up special map content from diversified sources of information allows for a comprehensive assessment of the effects of the spatial development strategy of the Russian Federation. The map and geodatabase allows spatial monitoring of infrastructure development in the country. The authors describe in detail the possibilities of such analysis based on the classification of types of infrastructure facilities. Based on them, a geodata database was created, which contains information on 9 parameters, including the expected effects of its implementation. The article Provides a detailed analysis of the effects and possible consequences of the implementation of major infrastructure projects in the regional context of the country. The authors conclude that while the creation of infrastructure in Russia is extremely fragmentary. Viewed regions-leaders and regions-outsiders. The difference between them is not only in the availability of the resource base, but also in the peculiarities of the Russian model of federalism.

Двусторонние оценки решений краевых задач для неявных дифференциальных уравнений

We consider a two-point (including periodic) boundary value problem for the following system of differential equations that are not resolved with respect to the derivative of the desired function: f_i (t,x,x ̇,(x_i ) ̇ )=0,i= (1,n) ̅. Here, for any i= (1,n) ̅ the function f_i:[0,1]×R^n×R^n×R→R is measurable in the first argument, continuous in the last argument, right-continuous, and satisfies the special condition of monotonicity in each component of the second and third arguments. Assertions about the existence and two-sided estimates of solutions (of the type of Chaplygin’s theorem on differential inequality) are obtained. Conditions for the existence of the largest and the smallest (with respect to a special order) solution are also obtained. The study is based on results on abstract equations with mappings acting from a partially ordered space to an arbitrary set (see [S. Benarab, Z.T. Zhukovskaya, E.S. Zhukovskiy, S.E. Zhukovskiy. On functional and differential inequalities and their applications to control problems // Differential Equations, 2020, 56:11, 1440–1451]).

Judicial Decisions of Special Order when Concluding a Pre-Trial Cooperation Agreement

Judicial Decisions of Special Order when Concluding a Pre-Trial Cooperation Agreement

City charters in Ukraine

In Ukraine, both municipal reform and the reform of decentralization of public power are underway. Both of themconcern issues of local self-government in cities. Both of them are related to the further improvement of the normativeregulation of such self-government. At the local level, the main document on the basis of which it is carried out isthe charter of the territorial community. Despite their importance for science and practice, the statutes of territorialcommunities of cities remain poorly studied in the Ukrainian legal literature.The author of the article has been actively researching the issues of the statutes of territorial communities inUkraine in general and the statutes of territorial communities of cities in particular for more than five years. Thearticle presents the author's work, conclusions and generalizations on this issue.Thus, the author offers his own definition of the term “statute of the territorial community of the city” and drawsattention to the fact that so far this concept has not been defined in the Ukrainian legal literature. The author provides abrief overview of the works of authors that will be useful to researchers on this issue – some scholars have devoted theirwork to the statutes of territorial communities in general, some – exclusively to the statutory law of cities. The authorsuggests to pay attention to the fact that it is necessary to refuse to call the statutes of territorial communities “localconstitutions”. Based on a study of the statutes of Berdyansk, Vinnytsia, Zhytomyr, Zaporizhia, Ivano-Frankivsk,Kirovohrad, Kyiv, Odessa, Ternopil, Kharkiv, Cherkasy, and others, the author formulates a conclusion about theinexpediency of such an approach. Doctrinal arguments are also put forward in his favor.The author pays considerable attention to highlighting the features of the statutes of territorial communitiesand thoroughly characterizes each of them (including such as special legal techniques and thesaurus, special order ofdevelopment and adoption, stability, ability to act as the foundation of rule-making).

TACTICAL COMPONENTS OF THE PROSECUTOR’S ACTIONS TO CONCLUDE A PLEA AGREEMENT FOR THE ACCUSED

The article is devoted to the study of certain tactical aspects of the he prosecutor’s participation in the conclusion of an agreement on the confession of guilt by the accused. It is concluded that it is necessary to develop a system of forensic recommendations regarding the provision of this direction of the prosecutor’s activity in court proceedings. It is stated that the institution of criminal procedure has appeared in Ukraine based on agreements, that is, a mechanism with separate contractual (compromise) elements during the resolution of criminal legal conflicts, which belongs to the so-called special orders of criminal proceedings. It is noted that, in contrast to the sufficient attention of scientists to the issues of procedural regulation of criminal proceedings based on agreements, the tactical aspects of the activities of the prosecutor almost get out of sight of scientific research, which is in no way consistent with modern challenges of combating crime. It has been established that the activities of the prosecutor to conclude an agreement on the confession of guilt by the accused and his/her judicial approval are cognitive and organizationally diverse, requiring appropriate tactical support (provision). This support will be a new direction of tactical and forensic support of the so-called compromise procedures in criminal proceedings. It should contain recommendations, at least regarding localization of an unproductive conflict between the prosecution and the accused, as well as unpredictable compromises between other participants in criminal proceedings. It should contain recommendations the availability of adequate ways to convince the accused of the futility of his/her opposition to the prosecutor and the court and the need to cooperate with them based on feedback, taking into account the specifics of professional defense and a situational analysis of one or another variant of defense tactics. In the context of the prosecutor’s activities to conclude an agreement on the plea of the accused, the most relevant is the so-called negotiation tactics. In the mainstream of the analyzed subject, it would be more expedient to call it the tactics of prosecutorial persuasion and ensuring compromise procedures in the criminal process. Its constituent elements are a system of recommendations regarding the organizational, informational and resource-personnel support of the prosecutor’s activities to conclude an agreement on the plea of the accused in order to a) make it impossible for the relevant participants in the criminal process to formally treat their duties; b) prevent unpredictable compromises between the defense and the victim, as well as prosecution witnesses; c) promote exclusively objective media coverage of the real state of affairs (in conditions of journalistic interest in a specific compromise procedure). At least, this will already become the basis for the effective use of tactics of creating conditions for the preparation and direct conclusion of an agreement on the plea of the accused.

Judicial Decisions of Special Order Judicial Trial

Judicial Decisions of Special Order Judicial Trial

Комплексне стратегічне планування відновлення вугільної промисловості України

The article substantiates the conceptual provisions of strategic social planning for the restoration of Ukrainian Donbass in the context of deepening the provisions of the Law of Ukraine of 16.09.2014. №1680 «On the special order of local self-government in certain districts of Donetsk and Luhansk regions». Developing the relevant articles of the Law of Ukraine of 16.09.2014. №1680, the following conceptual provisions of strategic social planning are substantiated: proactive implementation of the Donbass Information Reintegration Strategy, developed only until 2020 and approved by the Government order of July 26, 2018. It was objectively necessary to deepen, expand and clarify it for 2021-2027 and for the period up to 2030; state-production approach to achieve a balanced territorial unity of these areas within the administrative borders of Luhansk and Donetsk regions and with all regions of Ukraine. The current Law of Ukraine of 16.09.2014. №1680 reveals the essence and content of state influence on the restoration of socio-economic development of certain districts of Luhansk and Donetsk regions in a single legal field of Ukraine as a unitary state: components and procedures of information support of economic reintegration of separate areas; ways and methods of achieving territorial unity of individual districts with their regions and Ukraine as a whole; forecasting, programming, budgeting of social and economic development of Luhansk and Donetsk regions. Solving the problems of analytical research was accompanied by the identification of unaccounted challenges and mistakes of state influence to overcome them. On the basis of the received results offers and recommendations for implementation of the corresponding changes in the current legislation of Ukraine are formulated.