What is strategic litigation?

This presentation is an introduction to strategic litigation for public health professionals. It will review the opportunities offered by legal action on environmental issues, with examples from past successes. It will consider opportunities in Europe for legal action in both national courts and in international courts and tribunals. Procedural issues affecting the choice of forum will be discussed, such as ‘standing' (the right to initiate a legal action or participate in the proceedings), admissible evidence, the possible orders available if the case is successful, and the costs and risks involved. What if we don't win? Was it still worth it? Broader public engagement and advocacy opportunities will be noted.

The Features of Proving of the Property Transfer Fact under the Contract of Lease of a Buildings and Structures (Based on Judicial Practice Materials)

The article is devoted to the consideration of the problem of proving of the property transfer fact under the contract of lease of a buildings and structures, in the absence of an act of acceptance and transfer. The purpose of the article is to determine the most effective strategy for proving the property transfer fact under the contract of lease of a buildings and structures. Achieving this purpose requires determining the essential features of specified contract, as well as identifying and analyzing the approaches, that have been established in law enforcement practice, regarding to admissible means of proving the property transfer fact. In the course of the research, analyzes the materials of the judicial practice of the arbitration courts of the Russian Federation for disputes arising from the contract of lease of a buildings and structures. Based on the analysis, the author of the article substantiates the conclusion that the act of acceptance and transfer is not the only evidence confirming the property transfer fact and also forms an approximate list of admissible evidence that can be used in court for proving this fact.

Temporality of the institute of state registration of marriage in Russia: the trend of expanding digitalization

The digitalization of state registration of marriage is part of the process of creating an information society and an electronic state. Now the Unified State Register of the Civil Registry Office has been created and the archive of the Civil Registry Office has been digitized, which ensures the collection, processing, storage, receipt, use and protection of information about the family-legal status of a citizen, as well as the relevance and reliability of such information. Historically the institution of state registration of marriage was defining a compromise between private and public interest and performed three main functions: protective, confirming and accounting. A married couple is provided with legal protection of its rights and legitimate interests just in case of compliance to the established requirement for state registration of marriage. State registration is the only admissible evidence when challenging the presence or absence of spousal legal relations (personal and property). The demographic component of state registration of marriage contributes to the formation of an effective state policy in the field of family and marriage.

THE ADEQUACY OF THE EVIDENCE IN THE CASE OF EVIL CONSPIRACY OF NARCOTICS CRIMINAL REVIEWED BY EVIDENTIARY THEORY

<em><span lang="EN-ID">Narcotics crime has been considered as a global crime and big issues in attempt to prevent and also by eradicate it. It's not only happens in Indonesia but also for other countries. Narcotics crime in most cases involves more than one person, who cooperates in narcotics crime. One of the criminal act involve more than one person is a conspiracy of narcotics crime. The involvement in the conspiracy is shown by two or more people agree to do narcotics crime. Admissible evidence in conspiracy of narcotics crime becomes the important issue in some of conspiracy's cases. This study used the method of judicial normative approach to review and examine the primary data such as judge's Decision and the secondary data such as related law. The purpose of this study is to know and understand whether the absence of evidence to support the defendant's denial can be the basis to proof personal's guilt and to understand how the quality of the witness testimony can be the basis of criminal conviction.</span></em>

Special aspects of the participation of persons suffering from mental disorders in criminal proceedings: theoretical and practical aspects

The paper contains the results of the system analysis of conceptual framework for defining mental disorders in domestic legislation (in criminal law and health care) and the findings show that there is no unified approach to defining this term. The paper studies the matters of special procedural and tactical aspects of the interrogation of persons with mental disorders, as well as instances of testimony recognition of this category of persons as admissible evidence in criminal proceedings. The author has concluded that the participation of persons with mental disorders in criminal proce-?dings has its own features, which are: first, in the absence of a uniform approach to the definition of "mental disorder"; secondly, in the absence of legislative regulation of the procedure for conducting investigative actions with the participation of persons with mental disorders; thirdly, in difficulties in assessing the testimony of this category of persons and recognizing them as admissible evidence in criminal proceedings In order to resolve the existing legislative gaps and consolidate additional procedural guarantees for the participation of persons with mental disorders in criminal proceedings, it is considered necessary to make a number of changes to the provisions of the CPC of Ukraine, in particular in particular to enshrine in the Criminal Procedural Code of Ukraine the definition of the term “mental disorder”, to recognize the testimony of persons with mental disorders as admissible evidence only taking into account forensic psychiatric or complex psychological and psychiatric examination and in combination with other evidence in criminal proceedings; add to the list of persons who cannot be questioned as witnesses.

21. Public policy

The public interest in efficient and fair trials may be seen as underlying the rules of disclosure in civil litigation, whereby a litigant is obliged to make pre-trial disclosure of the documents on which he relies and the documents that adversely affect his own case or adversely affect, or support, another party’s case, even though such documents may not be admissible evidence at the trial. There is also a public interest in enabling material to be withheld where its production would harm the nation or the public service. Where these two kinds of public interest clash and the latter prevails over the former, relevant and otherwise admissible evidence is excluded at trial. Such material is said to be withheld by reason of ‘public interest immunity’. This chapter discusses the development of the modern law on public interest immunity; the scope of exclusion on grounds of public policy; and related procedural issues in civil and criminal cases.

RPAS Forensic Validation Analysis Towards a Technical Investigation Process: A Case Study of Yuneec Typhoon H

The rapid pace of invention in technology and the evolution of network communication has produced a new lifestyle with variety of opportunities and challenges. Remotely Piloted Aerial Systems (RPAS) technology, which includes drones, is one example of a recently invented technology that requires the collection of a solid body of defensible and admissible evidence to help eliminate potential real-world threats posed by their use. With the advent of smartphones, there has been an increase in digital forensic investigation processes developed to assist specialized digital forensic investigators in presenting forensically sound evidence in the courts of law. Therefore, it is necessary to apply digital forensic techniques and procedures to different types of RPASs in order to create a line of defense against new challenges, such as aerial-related incidents, introduced by the use of these technologies. Drone operations by bad actors are rapidly increasing and these actors are constantly developing new approaches. These criminal operations include invasion of privacy, drug smuggling, and terrorist activities. Additionally, drone crashes and incidents raise significant concerns. In this paper, we propose a technical forensic process consisting of ten technical phases for the analysis of RPAS forensic artifacts, which can reduce the complexity of the identification and investigation of drones. Using the proposed technical process, we analyze drone images using the Computer Forensics Reference Datasets (CFReDS) and present results for the Typhoon H aerial vehicle manufactured by Yuneec, Inc. Furthermore, this paper explores the availability and value of digital evidence that would allow a more practical digital investigation to be able to build an evidence-based experience. Therefore, we particularly focus on developing a technical drone investigation process that can be applied to various types of drones.

The Admissibility of Statements Provided by an Accused Person in the Russian Criminal Procedure

This article substantiates that compliance with the requirement of admissible evidence acquires special significance for a criminal proceedings, which is proved by the analysis of various sources, including the current edition of the Criminal Procedure Code of the Russian Federation. Therefore, the article aims to determine the nature of admissible statements of the accused in the Russian criminal procedure as one of the most important types of legal evidence. The authors of the article have obtained crucial results for the study of criminal proceedings, defined the basic requirements that should be met by admissible statements of an accused person, analyzed rules for admitting statements of the accused, performed their general characterization and formulated the main provisions defining the essence of statements provided by the accused in criminal proceedings. The main conclusion reached in this article is that the admissibility of statements provided by the accused should comply with the following basic rules: (1) the rule of appropriate subjects authorized by virtue of the existing Criminal Procedure Code of the Russian Federation to carry out procedural actions for collecting (obtaining, recording) evidence; (2) the rule of proper information sources on the facts provided for by the current Criminal Procedure Code; (3) the rule of proper proceedings stipulated by the current Criminal Procedure Code of the Russian Federation for collecting (receiving, recording) evidence; (4) the rule of the proper procedure provided for by the current Criminal Procedure Code for collecting (receiving, recording) evidence from the viewpoint of its proper obtaining is considered as the need to comply with requirements of the Criminal Procedure Code.