scholarly journals RESPONSIBILITY OF OFFICIALS OF PUBLIC AUTHORITIES FOR VIOLATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

2021 ◽  
pp. 24-28
Author(s):  
O.L. Kazantseva
Keyword(s):  
Legal Culture ◽  
Poor Quality ◽  
Public Authorities ◽  
Judicial Practice ◽  
The Law

The article is devoted to the problems of bringing officials of state authorities and local self-governmentto responsibility for violating the procedure for considering citizens’ appeals. The author analyzes themodern legislation regulating the procedure for consideration of appeals and providing for the responsibilityof officials of public authorities for violation of this procedure. The article has a certain scientific and practicalvalue, since it identifies the problems of bringing to responsibility for violations of the law on citizens’ appeals,provides examples from judicial practice and draws conclusions about the need to improve the level of legal culture of citizens and officials of state and municipal bodies and the importance of the principle ofinevitability of punishment for the preparation of poor quality answers to applicants.

scholarly journals Monopoly of advocates: national trends and foreign experience

2020 ◽  
pp. 50-56
Author(s):  
Oleksandr Shandula
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
Poor Quality ◽  
Professional Staff ◽  
Legal Aid ◽  
Public Authorities ◽  
Foreign Experience ◽  
Legitimate Interests ◽  
The Republic ◽  
National Trends

The author examines the key characteristics of professional legal aid considering national trends of monopoly of advocates andrelevant foreign experience. It is stressed that the special significance of guaranteeing and providing legal aid is currently caused byobjective and subjective factors, including: the growing role of law and legal institutes in satisfaction of economic, political, spiritualand other interests of individuals; the inability of the majority of citizens to defend their rights and legitimate interests, to protect themselvesfrom arbitrariness by public authorities, which is caused by lack of legal knowledge and law-enforcement background; insufficientlevel of development of legal comprehension and legal culture of citizens, which challenges the usage of basic individual rights,freedoms and legitimate interests in concrete life situations.In addition, in most countries significant problems are reported in the mechanism of providing legal aid, which does not complywith the rule of law principle. It is emphasized that only in the countries of the Anglo-Saxon legal system the monopoly of advocateshas been shaped in an absolute form. However, research by the International Bar Association suggests that, in addition to monopoly ofadvocates in court claims, most national jurisdictions prohibit noncertified advocates to provide legal assistance at all. In most Europeancountries, including Greece, Denmark, Germany, the Netherlands, Portugal, as well as Taiwan, Hong Kong, and the Republic of Korea,the monopoly of advocates extends far beyond the court actions.It is concluded that the monopoly of advocates does not mean restricting the freedom of the market of legal services, on the cont -rary, the adequate regulation and uniform rules that would make the legal aid services more predictable and evolutionary. This wouldguarantee everyone equal access to a highly qualified advocate, would nourish the level of legal culture in society and would improvethe quality of court trials and the functioning of the law enforcement agencies. In this way, uniform standards for the provision of legalaid should be introduced. At the same time, the lack of competent and professional staff makes the very idea of qualified legal aid mea -ningless, moreover, poor quality services create a real threat of infringement within the rights, freedoms, and legitimate interests of citi -zens.

THE PRINCIPLE OF THE RULE OF LAW IN THE JUDICIAL PRACTICE OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Yaroslav Skoromnyy ◽  
Yuriy Mazur ◽  
Valentyn Serdiuk ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Limit State ◽  
Transitional Period ◽  
Complex Nature ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Status ◽  
The Law ◽  
The Right

The article reveals the peculiarities of the observance and implementation of the principle of the rule of law in the judicial practice of Ukraine. It was established that the implementation of the rule of law is regulated by the Resolution of the Plenum of the Supreme Court of Ukraine «On a Court Decision in a Civil Case», the Law of Ukraine «On the Judiciary and the Status of Judges» and the Constitution of Ukraine. It has been established that the principle of the rule of law is one of the main principles of a democratic society. It has been established that the problem of observance of the principle of the rule of law in the judicial practice of Ukraine is of a complex nature, and it can be solved only through the implementation of a comprehensive judicial and legal reform. It has been established that in the context of observing the rule of law in Ukraine, the experience of the European Court of Human Rights should be implemented. It has been established that the implementation of the principle of the rule of law occurs through the implementation of the principle of legal certainty, the principle of juridical certainty, the principle of justice, the principle of equality, the principle of clarity and unambiguity of the legal norm, the principle of proportionality, the principle of predictability. It has been proven that in the context of the administration of justice, the court must comply with the principle of the rule of law, as well as ensure the right of everyone to a fair trial, to ensure respect for everyone, as well as other rights and freedoms defined by legislative and regulatory documents. It has been established that one of the main principles for the implementation of the principle of the rule of law is the implementation of changes in legislation in order to establish an appropriate transitional period (that is, a reasonable period between the date of the official promulgation of the law and the date of entry into force of the law). It was determined that the implementation of the principle of the rule of law indicates the limited nature of public authorities in actions, primarily those regulated by law, and the main goal of the principle of the rule of law is to limit state power over everyone, as a result of which the rights of everyone should be properly ensured against arbitrary (and at the same time inappropriate) interference of the state or public authorities, in particular, in the relevant spheres of life of everyone. It is noted that the prospects for further research in this direction are the study of the legal foundations of other principles that guide the activities of the judicial authorities of Ukraine.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

ON THE NEED TO REFORM THE CERTAIN MEASURES OF ADMINISTRATIVE COMPULSION APPLIED TO FOREIGN CITIZENS, TAKING INTO ACCOUNT THE DIGITALIZATION OF PUBLIC AUTHORITIES

2020 ◽  
pp. 130-143
Author(s):  
Yulia V. Paukova ◽  
Keyword(s):  
Control System ◽  
Rating System ◽  
Public Authorities ◽  
Judicial Practice ◽  
Migration Control ◽  
Administrative Responsibility

In the article are considered the grounds for the application of three types of removal of foreign citizens and stateless persons in case of violation of migration legislation. These are administrative expulsion, deportation and readmission. The necessity of changing the current legislation and preserving only administrative expulsion (as a measure of administrative responsibility), deportation (in the event of expulsion of persons released from places of deprivation of liberty, in respect of whom decisions on the undesirability of stay (residence) in Russia have been made) and readmission (as a method of transferring persons subject to administrative expulsion and deportation) has been substantiated. The analysis of the grounds and timing of closure of entry to foreign citizens in case of violation of migration legislation made it possible to conclude that there is no clear system. Examples of judicial practice are given, illustrating the different approach of judges when bringing foreigners to administrative responsibility. It is concluded that it is necessary to develop and implement an "Automated Information Migration Control System" which, taking into account all the circumstances, would offer the most fair decision in relation to a violator of Russian migration legislation. Subsequently, it is proposed to develop and implement a rating system for foreign citizens, which would allow bringing to administrative responsibility and setting the entry closure period of migrants, taking into account their raiting.

Negative admissibility of evidence in public law litigation: reflections on the exercise of public authorities’ power in relation to the proof process

2021 ◽  
pp. 800-808
Author(s):  
Dmitry B. Abushenko
Keyword(s):  
General Rule ◽  
Court Case ◽  
Court Cases ◽  
Public Authorities ◽  
Judicial Practice ◽  
General Logic ◽  
Special Cases ◽  
The Status ◽  
Judicial Procedure ◽  
Public Law Litigation

We consider the issues of the implementation of certain public authorities in relation to a future judicial dispute. We define the boundaries of use of additional evidentiary tools through the prism of the powers vested in other (non-parties in a particular court case) public entities. We substantiate the applicability of the general rule on negative admissibility, we highlight special cases when evidence previously obtained by an authority that does not have the status of a person participating in the case could still be submitted to a court case initiated on a dispute involving a public authority. The general logic of the proposed approach can be applied both to a procedural private opponent when he received “reinforcement” due to the actions of another authority, and can also be used for private law disputes. We conclude that the absence in the current Russian legislation of any norms that build in-tersectoral relations with regard to the institution of negative admissibility of evidence obtained by other authorities not only generates contradictions in judicial practice, but also in a certain sense discredits the adversarial judicial procedure itself and discourages public authorities, which begin to operate with special tools to combat socially dangerous acts in “ordinary” court cases.

Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court

2021 ◽  
Vol 6 (1) ◽  
pp. 78
Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
Analysis Framework ◽  
Legal Structure ◽  
Inhibiting Factors ◽  
The Law ◽  
Mediation Effectiveness

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>

“boys of God”: the experience of re-socialization of adolescents and young people in conflict with the law in the Santa Filomena community

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Zilmara Alves da Silva ◽  
Maria Helena Santana Cruz
Keyword(s):  
Civil Society ◽  
Young People ◽  
Open Space ◽  
Second Generation ◽  
Field Research ◽  
Youth Gang ◽  
Public Authorities ◽  
The Law ◽  
Mutual Care

This research aims to analyze the resocialization process of the second generation of adolescents and young people from the Meninos de Deus project and the contributions of socio-affective relationships in the resignification of individual trajectory in the context of violence in the Santa Filomena community. The study is necessary to understand the importance of strengthening the resocialization processes in an open space, which has the triad of public authorities, civil society and the community as the executing nucleus of socio-educational measures. The Meninos de Deus group was born in 2007 and was born from a pact, among youths in conflict with the law, based on the premise of mutual care, commitment to life and in the re-socializing walk with the community. In this group, the feeling of belonging is opposed to the feeling that young people and adolescents in conflict with the law had with the youth gang or the criminal faction they belonged. The methodology to be used is ethnography, where we will use field research, characterized as an integration of data obtained in the field and by bibliographic reading.

THE VALUE AND SIGNIFICANCE OF LEGAL PRECEDENT, ITS FUNCTIONING IN UKRAINE

2017 ◽  
Author(s):  
Nataliia Pylhun ◽  
◽  
Vladyslava Sokhar ◽  
Keyword(s):  
Local Governments ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Cases ◽  
Judicial Practice ◽  
Special Procedure ◽  
Legal Case ◽  
Foreign Countries ◽  
Legal Precedent ◽  
Exclusive Right

The article is devoted to the coverage of one of the current problems of law-making activity of officials and public authorities regarding the value and significance of legal precedent in society. Legal precedent is the main source of law in the Anglo-Saxon legal system, but it is also reflected in the Romano-Germanic legal family. Judicial practice of foreign countries clearly demonstrates the effectiveness and value of judicial precedent in resolving legal cases. The peculiarity of the precedent is that the results of the interpretation of constitutional acts and ordinary laws provided by higher courts are binding on all lower levels of the judiciary. As a result of this approach, a relatively independent type of precedent is formed - the precedent of interpretation, recently the concept of precedent of interpretation is becoming increasingly relevant for Ukraine in connection with the practice of the Constitutional Court of Ukraine. According to the Constitution of Ukraine, the Constitutional Court of Ukraine has the exclusive right to provide an official interpretation of the Constitution and laws of Ukraine. Decisions of the Constitutional Court of Ukraine on official interpretation are binding on all individuals and legal entities, as well as public authorities and local governments in Ukraine. However, the Constitutional Court of Ukraine carries out interpretive activities not only within the framework of a special procedure, but also during decisions on compliance with the Constitution of Ukraine, laws and other legal acts specified by law. The motivating part of these decisions may contain legal interpretative provisions, which disclose the content of the relevant provisions of the Constitution of Ukraine and legal acts, the constitutionality of which has been verified. Judicial precedent has certain advantages in terms of the quality of justice, as it is characterized by special regulation of similar specific life situations, which reduces the level of arbitrariness of officials. However, there is another view of this issue, which denies the effectiveness and reliability of this mechanism, because the court precedent actually denies the individualization of the legal case.

scholarly journals Constitutional Consolidation of the Name of the Russian State: On Applicability of Abbreviations in Legal Acts

2021 ◽  
Vol 1 ◽  
pp. 8-11
Author(s):  
Andrey N. Ustinov ◽  
◽  
Ekaterina M. Yakimova ◽  
Keyword(s):  
Russian Federation ◽  
Soviet Period ◽  
Public Authorities ◽  
Judicial Practice ◽  
Russian State ◽  
The Russian Federation

The rules of law require the drafters of legal instruments to comply with certain principles, including the correct use of abbreviations or abbreviations in order to uniformly interpret the content of a legal act. The question of whether it is possible to use the abbreviation of the Russian Federation as an abbreviation for “Russian Federation” is controversial, the substantive side of this issue reflects an ambiguous attitude towards the use in legal acts of any abbreviations or abbreviations. On various examples, including constitutional regulation of this issue in the Soviet period, modern judicial practice, the authors conclude that there is no direct ban on the use of the abbreviation of the Russian Federation, however, public authorities in local acts can establish restrictions on its use.

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