Suchergebnisse

The monograph is one of the first comprehensive mono graphic studies in Ukraine related to the definition of contem porary tasks related to the pre trial investigation of crimes committed in places of deprivation of liberty The paper identifies a number of problems that need to be addressed at the legislative, organizational, doctrinal and other levels, with a view to improving the existing legal framework on these issues. For scientists, scientific and pedagogical workers, masters, students and staff of the State Penitentiar y Service of Ukraine

The main research question addressed in this report is: "Is PTD in practice used as a means of last resort (ultima ratio) in the participating countries?" More specific secondary research questions: - How extensively is PTD used? - What developments can be observed with respect to the use of PTD and alternatives, what factors appear to be relevant in this respect? - What factors influence decision-making? - What parties are involved and what are their roles? - Are alternatives to PTD available and are they used? What are potential obstacles? - If alternatives are used are there indications of net widening? - Are there any groups which are treated differently and if so, which ones, and in what respect? - To what extent do European aspects play a role for PTD practice, and could cooperation within Europe or internationally help to avoid PTD? The results of our study are relevant not only for scholars but also, in particular, for practitioners and policy makers, both on the national and the European level. Practitioners – judges, defence lawyers, public prosecutors, as well as those from the police, criminal justice, social and related fields – should profit from our insights, which demonstrate that many problems affect different jurisdictions in the same way, but constructive options are sometimes found elsewhere. These options may serve as examples for domestic purposes.

This study tries to analyze cases that have been experienced by prospective police chief Budi Gunawan (BG) on the application of pre-trial which was considered odd in the event of violations in the verdict given by Sarpin Rizal as chairman of the court. This resulted in the KPK not being able to submit another legal effort to sue again, because the pretrial decision was final and binding on a lawsuit case. The analysis method used in this study is a qualitative research method in which data analysis is carried out in a descriptive manner that refers to a particular problem and is associated with existing legislation, namely: 1) The 1945 Constitution of the Republic of Indonesia; 2) Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP); 3) Law Number 48 of 2009 concerning judicial authority. The collection of legal materials is done by library research. Judge Sarpin Rizaldi's decision reaped many irregularities. The irregularity lies in the decision that does not pay attention to the existence of pretrial as stipulated in the Criminal Procedure Code and legislation relating to corruption.

This article offers a comparative analysis of the particularities of the implementation of proceedings in cases of administrative offenses and pre-trial dispute resolution in the BRICS member states. The article observes that in the BRICS countries, the issues of pre-trial dispute settlement are resolved using the same mechanisms: negotiation and conciliation procedures, including mediation. The implementation of these mechanisms is possible by the parties to the dispute themselves, with the participation of third parties such as proxies or legal representatives who may be interested in carrying out the procedures, and with the services of independent, professional mediators. The article draws attention to the fact that the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People's Republic of China and the Republic of South Africa belong to different legal families, which undoubtedly is a feature of the legal regulation of their administrative offense proceedings as well as of their pre-trial dispute resolution. The article finds that Roman law largely influenced all of the BRICS countries, with the exception of India, whose legal system was formed under the influence of English law, and that the versatility of legal regulation does not allow one to speak fully about the balance of administrative legislation in the studied areas. Furthermore, it is characteristic of all of the BRICS countries that administrative punishment cannot be aimed at humiliating the human dignity of a natural person, causing him or her physical suffering, nor can it be aimed at damaging the business reputation of a legal person. The similarity of the tasks of the administrative legislation of the BRICS countries is noted, which should include the protection of the subjective rights and interests of citizens, ensuring the rule of law, the protection of public order and public safety, and the prevention of administrative offenses. Through the discourse presented by the authors, the concept of an administrative offense is revealed; the acts regulating the proceedings in cases of administrative offenses are considered, as well as the tasks and principles established by national legislation in this direction. Furthermore, the similarities and differences in the legal regulation of proceedings in cases of administrative offenses and pre-trial settlement of disputes are revealed.

The paper highlights the practice of pre-trial settlements in the sphere of construction in advanced countries of the world. Specific features of scientific theoretical approaches to dispute settlement in construction works have been substantiated. The international experience of advanced countries in application of the mechanisms for alternative dispute resolution has been analyzed, and a comprehensive research into international legal acts has been conducted. The vector of priority directions and ways to introduce the alternative mechanisms in the conditions of the Ukrainian state are determined. It is proposed to achieve the desired results by applying the discussed forms under administrative system reform. It is noted that today the Ukrainian state is only at the stage of creating an alternative dispute resolution model in construction. It is noted that the idea of introducing this practice in the domestic legal system is supported by a wide range of specialists. Such an interest corresponds to the desire of Ukraine to harmonize national legislation. It is grounded that the definition of priority directions and ways of introducing alternative mechanisms in the field of construction in Ukraine is to apply foreign experience in the context of reforming the modern political system, namely decentralization. It is the application of the proposed model that should be implemented at the state, regional and local levels, legally consolidate it and solve urgent problems. Such a systematization, in my opinion, will lead to a more objective and perfect settlement of disputes over a short period of time. It is noted that nowadays there is a considerable scientific interest in this issue, the expediency of using alternative mechanisms in the Ukrainian state is solved. However, this is a rather controversial issue, so there is a need for a comprehensive study of experience in foreign countries and the identification of priority areas and ways of applying experience in modern conditions in Ukraine.

Comprehensive protection of minors is one of the priority areas of criminal law policy. The pre-trial investigation, and their interrogation as its part, occupies a special place in the process of protection of minors and restoration of their violated rights. The interrogation of minors is a special procedure with clearly defined requirements. The aim of the study was to identify gaps in the regulation of interrogation of minors and suggest ways to address them. The methods used: system approach; descriptive statistics; comparison and juxtaposition; descriptive analysis; pragmatic approach; prognostication. The tactics of interrogation of a minor victim of a crime are legally defined in the national criminal procedural legislation of the vast majority of countries. The principles, rules, main measures, and purpose of interrogation of this category of victims in the pre-trial investigation are enshrined in the provisions of international regulations. These rules are based on the principle of child-friendly justice. But the practical conduct of the interrogation has several gaps, so it is necessary to clarify the rules of international and national regulations on certain provisions.

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

Notes from a pre-trial hearing in Mapp v. Board of Education of Chattanoga regarding the proposed plan to desegregate public schools in Chattanooga, Tennessee.

Notes from a pre-trial hearing in Mapp v. Board of Education of Chattanoga regarding the proposed plan to desegregate public schools in Chattanooga, Tennessee.