Subject Of Appeal Research Articles

The phenomenon of resentment: historical allusion or harsh reality?

The article examines evolution and content of the resentment phenomenon. According to the theory of F. Nietzsche, resentment is the feeling experienced by a person towards his enemy or towards the one whom he considers guilty of his failures, which causes his aggression towards another. L. Fishman traces various historical forms of resentment, drawing attention to the fact that the main subject of resentment actions is often not the plebeian, but bearers of the values of the ruling class. Under these conditions, resentment becomes the most important instrument of political struggle, the subject of appeal from one social force to another. Thus, the author studied the phenomenon of resentment from another perspective than the founders of this concept, F. Nietzsche and M. Scheler. Нe treats it as a type of false consciousness, and the concept of resentment in its original form as its criticism from the right. In the modern world, the phenomenon of resentment is embodied in a wide variety of forms – from the precariat to confrontation between states. And as long as there is a division of society into the strong and the weak in the world, social inequality, double standards, resentment will find favorable soil.

CRITICAL ANALYSIS OF ART. 66A OF THE PROTECTED AREAS ACT

The present studying analyses the provision of Art. 66a of the Protected Areas Act. It regulates that general or individual administrative acts issued under this section are subject of appeal before the relevant administrative court following the Code of Administrative Procedure. We consider the legislative approach in this provision as an incorrect and unconstitutional, so de lege ferenda we suggest its repeal.

Analysis of mechanisms for appealing against decisions, actions or inactions related to the electoral process in Ukraine

The article examines of mechanism for appealing against decisions, actions or inactions related to the election process. It is stated that in the election process there are inevitable disputes that need to be resolved quickly, as the election process is a temporary and fleeting phenomenon. The Electoral Code of Ukraine guarantees the right to appeal against decisions, actions or inactions concerning the election process to a court or election commissions. Ukrainian legislation provides judicial and administrative procedures for resolving election disputes, which differ in the range of entities that have the right to appeal, the subject of appeal, the procedure for reviewing applications, the legal consequences of decisions.
 It was emphasized that the judicial procedure of resolving election disputes is a priority in comparison with the consideration of these disputes by election commissions. A comparative analysis of the Electoral Code of Ukraine and the Code of Administrative Procedure of Ukraine of the subject of judicial appeal, which allowed to trace the numerous problems associated with the use of certain terms and structures, which requires changes in these regulations to harmonize them, which will positively affect the mechanism of protection of the rights and legitimate interests of the subjects of the election process.
 It is noted that not only courts and election commissions are the subjects of resolving election disputes. Such entities include the State Register of Voters and law enforcement agencies. The legal status of the prosecutor in the administrative court process as a subject of protection of citizens' voting rights has been studied.
 Attention is drawn to the fact that accurate and strict observance by administrative courts of the Code of Administrative Procedure of Ukraine during the consideration of disputes concerning legal relations related to the electoral process is a prerequisite for ensuring their proper and prompt resolution to protect the rights, freedoms and interests of voters and others. subjects of the election process.

Appeal of Actions and Decisions of Public Authorities to a Higher Instance

. The judicial procedure for appealing of actions and decisions of public authorities is the most common way to protect violated rights. However, the implementation of this right does not always end with the adoption of a decision in favor of the subject of appeal, and they appeal to a higher court. In this case, the appeal procedure has its own peculiarities associated not only with the difference in procedural rules, but also with the difference in the court to which the examined complaint is sent. Therefore, consideration of the mechanism for the implementation of one of the main administrative rights of citizens, organizations, enterprises and institutions is relevant. In addition, the relevance of this research is due to the ongoing judicial reform, in accordance with which the system of appeal and cassation courts was created, thereby changing the procedure for appealing to a higher instance. The purpose of this study is a comprehensive analysis of the mechanism for appealing actions and decisions of agency of State administration. The objective of this study is to review the procedural rules that provide the basis and procedure for appealing actions and decisions of public authorities. In this study, we used a comparative legal and systematic method, a method of technical and legal analysis.

Some gaps in criminal procedural legislation at the time of court decisions appeal

The article is dedicated to the explanation of such legislative defects as gaps in the criminal procedural legislation during court decisions appeal. Within the framework of the study the attention focuses on the fact that regulatory rulemaking of the court decisions appeal in criminal proceeding contains multiple gaps that affect negatively at its practical implementation. Detailed analysis of the gaps in the criminal procedure legislation has been carried out. By reference to specific aspects of the judicial review implementation, the gaps classification according to their subject is proposed. More specifically the following gaps in the rulemaking of the court decisions appeal in criminal proceedings are identified: 1) concerning the object of appeal; 2) concerning the appealer; 3) concerning the subject of appeal; 4) concerning the appeal procedure, etc. It is pointed out that number of legal regulation gaps regarding the identification of the object of appeal is quite significant. Such gaps arise in response to the determining a list of court decisions by the legislator that are subject to appeal consequently making impossible reviewing those court decisions that are not directly enlisted. Such matter is illustrated by the example of the establishment of restrictions on the ability to appeal the investigating magistrate decisions. Considering the gaps concerning the appealer it is pointed out that in some cases the legislation does not provide the right of relevant parties for court decisions appeal or does not provide them with sufficient legal opportunities which limits a person’s constitutional privilege for court decision appeal review and his/her access to judicial proceedings. The analysis of gaps concerning the subject of appeal was also carried out. It is concluded with reason that such gaps arise due to the disadvantageous legislative determining of the issues which are allowed to appeal procedure. In the course of the research attention is drawn to the fact that the criminal procedural legislature furthermore contains other gaps in the rulemaking of court decisions appeal. In particular they concern the appeal procedure itself, implementation of the rights of its participants and some other issues. By way of illustration of the given type of gap it is indicated that the opportunity of implementation of the right to appeal for those persons who are directly granted with it by the law may be complicated due to the shortage of the actual opportunity to appeal against the judgment, in light of the high requirements for its content and format, advanced by the domestic lawmaking body. In the article motions considering eliminating and overcoming the enlisted legislative defects are formulated.

Проблемні питання забезпечення права на оскарження ухвал слідчого судді під час досудового розслідування

The article is devoted to the investigation of the issue of appeal during the pre-trial investigation of the decisions of the investigating judge, which are not provided by the current CPC. Based on the analysis of the practice of the Supreme Court, it was concluded that such decision are divided into two types: decisions which are not provided by any norm of the CPC and decisions which are not provided for specific judicial review proceedings. It is determined that the decision of the investigating judge, which is not provided by any norm of the CPC (the decision is made outside the scope of jurisdiction) should be subject to appeal. The problematic issue of appealing the decisions of the investigating judge, which is not provided for a specific judicial review proceedings, which is the lack of unity of case law on the possibility of opening appeal proceedings on such complaints. It is concluded that it is necessary to formulate the criteria that must meet the decision of the investigating judge in order to include it in the subject of appeal in the context of the study. On the example of the study of the decision of the investigating judge to return the petition for revocation of the seizure of property, a formal and essential criterion is distinguished. It is concluded that the decisions of the investigating judge which are not provided for specific judicial control proceedings should be subject to appeal, provided that such a decision meets the formal and substantive criteria. It is noted that such an approach can provide a balance between ensuring the right of a person to appeal against the decisions of the investigating judge and the rational burden on the judicial system.Keywords: appeal; appeal, pre-trial investigation; decision of the investigating judge.

Problematic issues of consideration by the investigating judge of complaints against decisions, actions or inaction of the coroner, investigator or prosecutor

The article is devoted to the study of the problems of normative provision and the practice of exercising the powers of the investigating judge when considering complaints against decisions, actions or inaction of the pre-trial investigation bodies or the prosecutor. It is noted that a clear normative regulation is required: the issue of participation in the court hearing of the person who filed a complaint against the decision, action or inaction of the investigator, prosecutor, coroner; the legal consequences of the applicant's failure to appear in court; requirements for the form and content of the complaint against the decision, action or omission of the investigator, investigator or prosecutor, which is closely related to the correct definition of the person who is legally subject to appeal, as well as the subject of appeal and the complainant; legal consequences of non-compliance with the requirements for the form and content of the complaint. In the absence at this time of direct regulation of the procedure for consideration of complaints in court, the case law began to take shape in terms of compliance with the requirements set out in Part 3 of Art. 306 of the CPC, which indicates the need for mandatory participation of the complainant in the court hearing. The author examines the options for procedural decisions that an investigating judge may make in the event of a complainant's absence and how appropriate and justified in the paradigm of modern criminal proceedings is the absolute prohibition of an investigating judge to consider a complaint without the complainant's participation.It is noted that judicial control during the consideration of complaints against decisions, actions or omissions of the coroner, investigator or prosecutor is the most effective means of protecting the rights, freedoms and interests of participants in criminal proceedings during the pre-trial investigation.

ОСКАРЖЕННЯ ПОВІДОМЛЕННЯ ПРО ПІДОЗРУ ПІД ЧАС ДОСУДОВОГО РОЗСЛІДУВАННЯ

One of the most important criminal procedural decisions is the notice of suspicion which is essential both for the criminal proceeding as a whole and for the person to whom this message is made. Therefore, compliance with the legality and validity of the notice of suspicion is important in the general mechanism of effective solution of the tasks of criminal proceedings, in particular, regarding appealing the notice of suspicion during the pre-trial detention investigation. On bases of the case-law analysis, a number of issues have been highlighted in connection with the appeal of report of suspicion during the pre-trial investigation. The purpose of the article is to cover the gaps and conflicts of the current criminal procedural legislation in the regulation of appealing the report of suspicion during the pre-trial investigation. The authors summarized the case law on consideration of complaints about suspected reports during the pre-trial investigation, which allowed to identify 3 variants of interpretation by the investigating judges of the «suspicion report» as a subject of appeal: 1. the subject of the appeal is only the procedure for the report of suspicion; 2. the subject of the appeal is only the report of suspicion as a procedural decision; 3. The subject of the appeal is the written report of suspicion as a procedural decision and the procedure for the implementation of the report of suspicion. It is justified that the third approach is correct. The authors support the view of the complex nature of the notion of suspicion. Particular attention is paid to the issue of challenging the validity of the suspicion report. In the article the practice of investigating judges who refuse to open proceedings on a complaint about the validity of a suspected report is evaluated critically. On the basis of the practice of ECtHR, the authors conclude that the validity of a suspicion report may be may be the subject of an appeal during the pre-trial investigation in view of the insufficiency of the evidence on which it is based. In addition, it is concluded that the appeal of the suspicion report is ineffective after two months from the bottom of the report of the suspected in crime and one month after the report of the suspected in offense. On the basis of the conducted research, the authors proposed to amend the current CPC in order to improve the regulatory framework for appealing the suspected report during the pre-trial investigation.

Конституційна скарга як інструмент захисту прав людини в Україні

Статтю присвячено аналізу моделі конституційної скарги в Україні. Особливу увагу приділено розкриттю конституційного регулювання права на конституційну скаргу, а також положенням закону «Про Конституційний Суд України» з цього питання. Зроблено висновки щодо специфіки моделіконституційної скарги в Україні, зокрема, що «частково нормативна» модель конституційної скарги за своїм потенціалом може бути ефективним інструментом захисту гарантованих Конституцією України прав людини за умови результативної діяльності Конституційного Суду України.

IL RECLAMO E LA MEDIAZIONE TRIBUTARIA DOPO LA RIFORMA: PROFILI RICOSTRUTTIVI E RISVOLTI APPLICATIVI – PARTE SECONDA

Alongside the expansion of subjective assumptions, required for the experiment of complaint/mediation, the real innovation is the broadening of the audience of those who can speak about it:tax agencies and any other body levying entity (for example, local authorities), whose decision wasthe subject of appeal. While tax agencies, given the considerable size, shall examine the complaintthrough facilities other than those that materially have issued actionable measures, for the otherinstitutions, whose acts are subject to the remedy, the identification of the subject responsible fordealing with complaints is left to the internal organisation of each: this entails, especially for thoseof limited size, significant difficulties in identifying, within the organization, a different subjectand autonomous, it can act as a mediator.Compared to the original formulation of the norm, whose wording seemed to distinguish theclaim from the action, the technique of drafting the novel seems much more consistent, whereremedies to concerns raised by the previous version: reformed text, the appeal also produces theeffect of a complaint and may contain a proposal for mediation with restatement of the amountof the claim; in the former, on the other hand, it highlighted a duplication, since it is necessaryto those who intend to institute proceedings, to present preliminarily claim, that, after 90 days,turned into action, producing the effects of such an act. The second paragraph of article 17 bis,confirming an earlier regulatory intervention, shared by constitutional jurisprudence, sanctionedon admissibility the failure to follow the procedure: the complaint/appeal, ritually notified financialadministration, gives life to the mediation process, which is to end in the next 90 days, regardlessof the presence of a proposal.The reform did not vary the methods of refinement of complaint/mediation: even in the currentregime, the mediation agreement related to disputes concerning an act to impose taxes or levyingstudies with payment of the full amount or the first installment, to be carried out within 20 daysafter the date of signature; except for disputes concerning tax refunds and the land on whichthe mediation is concluded with the mere signing of agreement as a result of the agreement, thetaxpayer may be treated to favor concerning the extent of administrative penalties, which applyin an amount equal to thirty-five per cent of the statutory minimum made by edict. Regarding theapplication in time, the new provisions on the procedure for complaint/mediation shall be applicableas from 1 January 2016.

Comparative Analysis of Appeal and Appeal in Cassation Procedure for Considering Criminal Cases

The article analyses the correlation of appeal and appeal in cassation procedure for criminal cases and compares the object and subject of appeal and appeal in cassation. The author singles out their features, including those set by the ECHR and the Constitutional Court of the Russian Federation, making it possible to distinguish between the appeal procedure and appeal in cassation procedure for criminal cases. The article discusses the features of excitation of appeal and cassation procedure, as well as their impact on the effectiveness of the judicial review. The author examines particularities of the organization of the court system, enabling appeal in cassation and outlines the factors that allow the Supreme Court of the Russian Federation provide for greater integrity of judicial practice and law. The author notes the importance of the principle of legal certainty as a basis for truth of the judgement for the system of verification of the stages of the criminal procedure. To differentiate between an appeal and appeal in cassation procedure the author determines the possibility of a separate check of the actual circumstances of the criminal case and legal issues, the impact of these factors on the convicted or aquit-ted person's participation in the meeting of the courts of appeal and cassation; the grounds for cancellation or modification of the judgement; procedure for review of judicial decisions; decisions taken by appellate and cassation courts. Comparative analysis of negative effects of appeal and appeal in cassation is conducted. The ratio between the timing of the appeal and appeal in cassation, as well as the impact of the latter on the evaluation of ECHR Russian appeal as ineffective remedies is considered. As a result, an effective remedy to be exhausted based on P. 1 Art. 35 of the ECHR is the appellate review of judicial decisions. The author explores the special powers of the President of the Supreme Court of the Russian Federation and his Deputy in review of court decisions (P. 3 Art. 401.8 of the the Criminal Procedural Code of the Russian Federation). The author outlines the features of appeal in cassation procedure indicating its extraordinarity, which helps to ensure the legal stability and legal certainty.

La admisibilidad de la apelación: rasgos comunes entre el derecho romano y el sistema jurídico latinoamericano

Thanks to Severan jurists’ testimonies collected in the Digest, we know that the appeal eligibility was conditioned by the «a quo» judge’s analysis of the respect of the prescribed terms and formalities and the nature of the contested measure. Against the possible refusal of the first instance judge, the parties were given the opportunity to take their case to the «ad quem» judge, who could confirm the decision and give way to the implementation of the judgment, or accept the part’s motion and proceed to the examination of the merits of the case. The Draft of the Model Civil Procedure Code for Ibero-America (texto del anteproyecto del Codigo Procesal Civil Modelo para Iberoamerica) follows, on the subject of appeal, Roman discipline faithfully, as regards both the «a quo» judge’s role and the possibility of contesting the latter’s decision before the «ad quem» judge through the complaint (recurso de queja). The strong Roman stamp also arises, similarly, in Peru’s Civil Procedure Code, where the right to a second court has a very incisive constitutional backing. The traditional problem to keep the justice process within reasonable time limits is closely connected with the appeal eligibility. The solution adopted by Roman Law —to take financial penalties to discourage daring appeals, filtering thus the merely delaying appeals— could represent an interesting indication for legislators, who are still grappling with the need to ensure the right, on the one hand, to appeal and to efficiency regarding the administration of justice on the other hand.

Right to Employ Optician Subject of Appeal

Right to Employ Optician Subject of Appeal