Suchergebnisse

The authors of the article attempt to make a legal understanding of the processes characterizing the modern stage of the development of the science of Information Law in the context of digital transformation and formation at the Institute of State and Law of the Russian Academy of Sciences on the basis of the direction that emerged at the end of the last century from Administrative Law and headed by Illaria L. Bachilo. The contribution of I.L. Bachilo in substantiating this new scientific direction not only in the ISL of the RAS, but also in the entire post-Soviet space is difficult to overestimate.
The continuity of I.L. Bachilo's scientific activity is acutely felt at the traditional international conferences on the problems of Information Law held in memory of her, called "Bachilo's readings". These scientific events are not just of a memorial nature, but are an impulse to pose new problems and identify new areas of scientific research, attract both venerable and young scientists, and contribute to the development of the scientific school of Information Law.
Currently, there is an increasing tendency not only to continue scientific research in the information sphere, but also to significantly expand the regulatory landscape in the field of allocating a separate institution in Information Law – Digital Law. New vectors and priorities of scientific research in the science of Information Law are becoming institutionalization processes associated with the active regulation of individual information, including digital technologies

For a certain category of persons in particular cases legislator provides for a special procedure of criminal proceedings as well as mandatory participation of a defender (Article 52, The Code of Criminal Procedure) to create additional person defense guarantees in criminal proceedings. The article is devoted to study of problem aspects of legislative regulation of defense mandatory participation in criminal proceedings. The importance of defense mandatory participation is emphasized as rendering legal aid to a person in criminal proceedings.
This article is devoted to study the importance of the mandatory participation of a defender in criminal proceedings and on the basis of obtained data, with due consideration of international standards of human rights protection in criminal proceedings, to submit substantiated author's proposals as regards the expansion of the circle of grounds for the mandatory participation of a defender in Ukrainian criminal proceedings.
Within the topic of study we analyzed criminal procedural legislation in force, research works in this area, decisions of European Court oh Human Rights, aiming to reveal deficiencies in law and submit author's proposals as regards their elimination.
According to normative sense of Article 52, The Code of Criminal Procedure of Ukraine, the article gives classification of the grounds for mandatory participation of a defender depending on: 1) consideration of severity of a crime; 2) consideration of personal data of a defendant held criminally liable; 3) peculiarities of criminal proceedings.
Proposals are presented aimed to improve legislative regulation of Ukrainian criminal procedural law. It is proposed to add one more reason connected to the circumstance that the defendant denies suspicion against him/her and/or denies his/her guilt in commission of criminal offense. The proposal consists in addition to Article 52, Part 2, The Code of Criminal Procedure of Ukraine of new Item 10 postulating the mandatory participation of a defender in criminal proceedings against persons who deny a suspicion as specified in Suspicion Notice on deny pleading guilty at court session.

The general course in Public International Law has not traditionally been considered a "black letter law" subject along the lines of the legislation and case law based domestic law subjects in most Australian Law School curricula. Despite the general acceptance among international law educators that international law is much more than simply a set of rules, teaching methods in the subject, at least in Australia, have rarely focused on the actual practices of international law, particularly the peculiarities of the process of international law making. Indeed, a clinical international legal education program has yet to be developed anywhere in Australia. This lack of attention to teaching about the making of international law poses a particular problem in the area of multilateral treaty making. Treaties are one of the four major formal sources of international law and, increasingly, are seen as the most significant component of the international legal order. An understanding of the principles of treaty law is fundamental to any analysis of the substantive provisions of an individual treaty and therefore indispensable to any student of international law. Yet, the methods and processes by which treaties emerge remains relatively unexplored in the discipline. This can be contrasted with scholarly activity in domestic law where "emergence studies" into national legislation is a thriving field.

Del seguimiento realizado a los antecedentes legislativos de la detención domiciliaria, se puede observar que la misma obedece a una medida de política criminal, pero como el Estado siempre ha sido vacilante en esta materia, estose refleja en lo cambiante que ha sido la regulación normativa de la Detención Domiciliaria.Es en el Código de Procedimiento Penal Ley 906 de 2004, donde el legislador le da un cambio sustancial al esquema tradicional del Procedimiento Penal buscando implementar un Sistema Acusatorio que se caracterice fundamentalmente por ser más garantista, donde se fortalecen instituciones yse crean otras nuevas como medidas de política criminal.Desafortunadamente con la reforma introducida por la Ley 11 42 de 2007 que nosotros hemos llamado la contrarreforma del Sistema Penal Acusatorio, se desnaturalizó su objetivo en la medida que en esta última ley se adicionó un parágrafo donde se prohíbe la aplicación de la detención domiciliaria a una gran cantidad de delitos que prácticamente la neutraliza como tal. AbstractThe follow-up to legislative history of house arrest, you can see that it reflects a measure of criminal policy, but the rule has always been hesitantin this area, this is reflected in what has been changing the regulation rules of house arrest.It is in the Code of Criminal Procedure Act 906 of 2004, when the legislature gives a substantial change the traditional pattern of Criminal Procedure seeking to implement an adversarial system which is characterized mainly by beingmore guarantees, which are strengthened institutions and creating new ones as measures of criminal policy.Unfortunately with the reform introduced by Act 1142 of 2007 which we have called the disapprove Criminal Accusatory System, its objective is distorted to the extent that the latter law was added a paragraph which prohibits the use of home detention or a large number of crimes that virtually eutralizedas such.