Suchergebnisse

The author of the article has studied the issues of further improvement of legal regulation of operative and search activities due to the fact that after the adoption of the Law of Ukraine "On Operative and Search Activity" in 1992 there were dramatic political, social and economic changes in society and the state. After the adoption of the current Criminal Procedural Code of Ukraine in 2012 there were some discrepancies, gaps and inconsistencies with the law of Ukraine "On Operative and Search Activity". It has been noted that the procedure of criminal proceedings experienced significant and conceptual changes, namely organization and conduction of secret investigative (search) actins on behalf of an investigator and initiating activities of operative units has been significantly decreased in terms, which worsened combating crime and solving crimes in the whole, particularly serious, especially serious, paid-for and resonance. It has been found out that adopted legislative and regulatory base in the field of regulation of operative and search activity after the introduction of the current Criminal Procedural Code of Ukraine did not remove existing problems in organizing and carrying out operative and search activities, interaction with the pre-trial investigation agencies, prosecutor's office and court. The author suggested to support scholars and practitioners' propositions for adopting drastically new law, which would consist of two parts and regulate operative and search activity, particularly in terms of criminal proceedings and operative support in court and separately as independent activities. The author has also provided his own vision, evaluation, propositions and recommendations on regulation and improvement of certain areas in the suggested draft of the law concerning operative and search activity to address current problems of operative and search activity, structure of operative units, as well as activities for cooperation and coordination with the departments of pre-trial investigation. ; Розглянуто проблемні питання подальшого вдосконалення правового регулювання оперативно-розшукової діяльності у зв'язку з наявними неточностями, прогалинами та неузгодженостями з чинним КПК України. Проаналізовано наявну законодавчу та нормативно-правову базу з указаних питань, надано авторську оцінку, пропозиції й рекомендації щодо врегулювання і законодавчого вирішення виявлених проблем.

Examines challenges inherent in the "Europeanization" of European national laws & the function of European Community law in this process. The notion of European law is defined. The community legal system is based on three fundamental principles: (1) direct effect, (2) supremacy, & (3) & state liability. Then, constitutional principles, legislative instruments, & general principles at the heart of European law are described. The Court of Justice's use of the comparative law method is next addressed. A key aspect of the European Community legal order is its integration with national legal orders. Community law development has resulted in an intense legal harmonization, a Europeanization of legal thought, & convergence of national legal orders. This Europeanization is seen as more a phenomenon of culture than positive law, with a two-way process at work: European Community law has helped drive Europeanization, & Europeanization has influenced community law development. J. Zendejas

There are increasing reports of university students contracting with third parties to write their essays and assignments. While getting caught is likely to mean the student faces disciplinary action within the university, the students and those offering the service may also be exposing themselves to criminal prosecution. This article looks at the range of offences that students and the contract cheating services could be committing – including fraud, forgery and conspiracy. The article also recommends specific statutory offences be introduced. Far from an entrepreneurial innovation, the activities can be construed as serious crimes.

The principle of supervision is one of the fundamental and indisputable principles in the field of law. It is the right of the authorities to supervise the exercise of the powers of all institutions of governance, including the criminal justice institution, in the interests of guaranteeing the rights and freedoms of citizens and the public interest. Follow-up and criminal investigations in the criminal proceedings require essential judicial measures, such as summoning, prosecuting, arresting and obtaining supplies from the defendant that all of them are the point of intersection of the rights and freedoms of the accused with the public interest of the community and the rights of the perpetrators, and in clear contradictions with the principle of innocence, the rights and freedoms of the accused are limited or denied before the crime is proved. Hence, the supervision of the criminal procedure process has a fair trial of its importance and place.In order to protect the rights of the accused while protecting the rights of the victim and the community, the legislature has taken special measures to control and monitor the implementation of fair trial procedures in the criminal justice process. In this research, it is attempted to study the basics and position of the principle of supervision in Iran's criminal justice system, as well as the work of the supervision principle in the criminal procedure process.

The what, who, how, and why of "legal ethics" -- The attorney-client relationship -- Defining the attorney-client relationship -- Protecting the attorney-client relationship against outside interference -- Lawyers, money, and the ethics of legal fees -- Concurrent conflicts of interest -- Successive conflicts of interest -- Ethics in advocacy -- Special issues in criminal prosecutions -- Negotiation and transactional matters -- Lawyers for companies and other organizations -- Judges -- Avoiding and redressing professional failure -- Control of quality: reducing the likelihood of professional failure -- Control of quality: remedies for professional failure -- Control of quality: nonlawyers in the law business (and related issues) -- First speech rights of lawyers and judicial candidates -- Marketing legal services.

"This is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English." --

Includes legislation. ; Includes bibliographical references and index. ; Mode of access: Internet.

Building on recent works showing the role that legal institutions can play in attracting foreign investment to developing countries, and drawing on insights obtained from Powell and Rickard ( International Interactions 36: 335–362, 2010), we demonstrate that developing countries with common law legal systems attract greater portfolio investment than countries that have civil law or Islamic legal systems because common law systems are more inclined to promote the rule of law and protect property rights and can be understood to provide more efficiency in the law, better contract enforcement, more judicial autonomy and more market-oriented regulations. We base our findings on an analysis of time-series panel data for 99 countries covering the period 1980–2007.

AbstractMost contemporary armed conflicts are not of an international character. International Humanitarian Law (IHL) applicable to these conflicts is equally binding on non-State armed groups as it is on States. The legal mechanisms for its implementation are, however, still mainly geared toward States. The author considers that the perspective of such groups and the difficulties for them in applying IHL should be taken into account in order to make the law more realistic and more often respected. It is submitted that the law is currently often developed and interpreted without taking into account the realities of armed groups. This contribution explores how armed groups could be involved in the development, interpretation and operationalization of the law. It argues that armed groups should be allowed to accept IHL formally, to create – amongst other things – a certain sense of ownership. Their respect of the law should also be rewarded. Possible methods to encourage, monitor and control respect of IHL by armed groups are described. The author suggests in particular that armed groups should be allowed and encouraged to report on their implementation of IHL to an existing or newly created institution. Finally, in case of violations, this contribution proposes ways to apply criminal, civil and international responsibility, including sanctions, to non-State armed groups.

AbstractThis article takes stock of legal pluralist thinking in European private law. In which ways have existing theories brought forward our understanding of lawmaking in European private law? Central to that debate are the competing rationalities of EU internal market law, on the one hand, and national, juridical systems of private law on the other hand. An analysis of norms, processes, and actors involved in lawmaking in European private law reveals a field that has matured, but that is now at the threshold of a re-evaluation and potentially a transformation in lawmaking from ordered to strong legal pluralism, with a greater role for private regulation.

Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention

The Indonesian Patent Law, which was first drafted in 1989, is quite a controversial. As a legal instrument, the Patent Law strongly reflects the monopolistic character. In fact, it raises strong resistance from the community. The cultural values of mutual cooperation become the argument for rejection and at the same time concern related to the promoting of individualistic values and culture. The problem is, as a country that projects industrialisation as the backbone of the economy, the existence of the Patent Law becomes a necessity. The Patent Law is believed to be the driving force of the industry through technological inventions. The conflict between values of the people's aspirations and the pragmatic policies of the government needs to be compromised and harmonized properly. This research is important to revisit the constellation of politics and legal policy in the establishment of the 1989 Patent Law. The research method is normative and analyze based on the perspective of responsive legal theory and the welfare state. The result of research shows that the preparation of the Patent Law has succeeded in harmonizing substantive patent norms with national interest. The politics of patent law has become the strategy in realizing national goals to build economic power through industrialisation based on technology. This rationality justifies the policy of the need for Indonesia to have a Patent Law in favor of national interests to support industry and economic development.

The right of a person charged with a criminal offence to appear and take part in a hearing is enshrined in the right to a fair trial in Article 6 of the European Convention on Human Rights and Fundamental Freedoms. A trial in absentia is allowed only exceptionally, and in the member states of the European Union it is traditionally regulated under very different legal regimes. This has been an obstacle to the full implementation of the principle of mutual recognition of final judicial decisions and therefore to efficient judicial cooperation in criminal matters. In order to provide clear common grounds allowing the execution of a European arrest warrant even when the person subject to it was absent at the trial, Framework Decision 2009/299/JHA, amending Framework Decision 2002/584/JHA, defined the conditions under which a decision rendered at such a trial may be used as a ground to refuse the execution of a European arrest warrant. These conditions are the subject of this paper. Besides theoretical and normative analysis, the research includes the case law of the Court of Justice of the European Union, balancing between the efficiency of judicial cooperation and respect for fundamental human rights, as well as defining the notion of "the trial resulting in the decision" and specifying when the person was "summoned in person", or "by other means actually received official information of the scheduled date and place of that trial", since the right to take part in the trial may be waived. The research also includes an analysis of Croatian legislation and the jurisprudence of the Supreme Court of the Republic of Croatia in the same matter and an assessment of theimplementation of European legal standards in Croatian law.