CONCEPT OF JUDICIAL REFORM OF 1991 AS EXPERIENCE OF TRANSITION OF RUSSIA TO THE CONSTITUTIONAL STATE: QUESTIONS OF CRIMINAL TRIAL

2017 ◽  
Author(s):  
I.Y. Potemkin
Keyword(s):  
Criminal Trial ◽  
Judicial Reform ◽  
Constitutional State

Roundtable: Law & Society and Judicial Reform

2017 ◽  
Vol 56 ◽  
pp. 43-68
Author(s):  
JoonHyung Hong
Keyword(s):  
Judicial Reform

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING

2020 ◽  
Vol 9 (2) ◽  
pp. 275
Author(s):  
Dedi Putra
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Primary Data ◽  
Access To Justice ◽  
Judicial Reform ◽  
Legal Service ◽  
Literature Study ◽  
Face To Face ◽  
Legal Proceedings ◽  
Digital Era

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.

«Interculturalism»: Quebec’s Model of Cultural Pluralism

2017 ◽  
pp. 51-59
Author(s):  
Dariya Logvinova
Keyword(s):  
Cultural Diversity ◽  
Migration Policy ◽  
Cultural Pluralism ◽  
Constitutional State ◽  
Democratic Polity ◽  
Minority Cultures ◽  
Migrant Integration ◽  
Political Communities ◽  
The Impact

This article examines the impact of poly-ethnicity on political communities, by focusing on the symbolic aspect of citizenship. What are the symbolic ‘anchors’ that frame and define sentiments of belonging in a democratic polity? How do we evaluate such criteria in the light of the challenge of poly-ethnicity? Such questions are explored through a comparative conceptual assessment of the Canadian policy of multiculturalism and the Quebec’s model of interculturalism. Keywords: Сitizenship, self-identification, constitutional state, migration policy, migrant, integration, cultural diversity, minority cultures, interculturalism, multiculturalism

Features of Copyright and Related Rights Defense on the Internet: Scientific Discussion at a Seminar in the First Court of Appeal

2020 ◽  
Vol 7 ◽  
pp. 94-100
Author(s):  
N. V. Buzova ◽  
◽  
M. M. Karelina ◽  
Keyword(s):  
Copyright Protection ◽  
The Internet ◽  
Judicial Reform ◽  
Scientific Discussion ◽  
Rights Protection ◽  
Moscow City ◽  
Interim Measures ◽  
Judicial Protection ◽  
Appeal Courts ◽  
Court Of Appeal

The final stage of the judicial reform was the creation of new cassation and appeal courts in the system of courts of general jurisdiction that provide additional guarantees for the effective judicial protection of citizens. Russian legislation establishes a mechanism for the protection of infringed copyright and related rights on the Internet. Such a mechanism provides for the imposition of interim measures by the Moscow City Court and the termination by Roskomnadzor of access to the site or page of the site on the Internet, on which information is posted in violation of copyright and related rights. In the case of interim measures, the case decision belongs to competence of the Moscow City Court. As a result of changes in the legislation on the judicial system, the courts of appeal and cassation of general jurisdiction began to work. Consideration of complaints against judicial acts of the Moscow City Court, rendered by them at first instance, are referred to the competence of the new courts. The article notes the stages of development of legislation on copyright protection on the Internet, as well as some problematic aspects of copyright and related rights protection on the Internet.

The Scientific Concept of the Organization of Judicial Sctivity in the Context of its Digital Transformation: Definition and Content

2020 ◽  
Vol 6 ◽  
pp. 13-25
Author(s):  
E.V. Burdina ◽  
◽  
N.A. Petukhov ◽  
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Digital Transformation ◽  
Scientific Concept ◽  
Judicial Reform ◽  
Management Activity ◽  
Judicial Administration ◽  
Strategic Goals ◽  
New Type ◽  
Legal Forms

The digital transformation of the judiciary actualizes scientific problems of a managerial nature related to the search for more effective organizational forms of judicial activity in modern conditions. The purpose of the study is to justify the scientific concept of the organization of judicial activity, the content of which would make it possible to improve the processes of intrasystem management of the activities of the courts to achieve the goals of the formation of the information society and digital economy. The worldview and methodological basis were the work of scientists and the methods used by them in the analysis of the general theory of public management and public administration. The modern scientifically grounded concept of the organization of judicial activity is a system of guiding ideas that define, for a clearly defined perspective, the tasks, principles, directions and organizational and legal forms of public administration in the judicial sphere to achieve national goals. The content of this concept is an intra-system organizational and management activity, considered in two aspects: functional (goals, objectives, principles, directions, forms and means) and institutional (legal statuses, structure of the judicial organization, judicial self-government bodies, public service). It is argued that the intrasystem judicial management reveals the content of the analyzed concept. The authors, analyzing the terms «judicial management» and «judicial administration», consider them close, but not identical, the criterion for distinguishing them is the professionalization of subjects of organizational and managerial activity. The work defines the strategic goals of the judicial management, its main directions. The conclusion is substantiated that a new type of judicial organization will reflect its technological effectiveness and will result from the modification of its model: from the organization of judges and judicial personnel to the model of a unified organization of judges, court administrations and information systems. This organizational regularity will need to be taken into account in judicial reform plans.

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