Suchergebnisse

The article examines the special role of the Prosecutor of the International Criminal Court in strengthening the international legal order. This analysis was carried out through the prism of the study of certain issues: the concept of "Prosecutor of the International Criminal Court" and his place in the system of international criminal justice; the powers of the Prosecutor at certain stages of the proceedings in the International Criminal Court; the principles of strategy and priority in the activities of the Prosecutor. Historical, system-structural, analysis and synthesis, comparative legal, formal-legal, and formal dogmatic methods were used in the research. In the article was made conclution that that the Prosecutor of the International Criminal Court has a preventive effect on international crimes, because the work of the Prosecutor of the International Criminal Court is aimed not only at punishing perpetrators of international crimes, but also at preventing the commitment of such crimes in the future. It is emphasized that such activities of the Prosecutor ultimately have a positive effect on strengthening the international legal order.

The principle of respecting the separation of political forces in a society gives the legal system the right to issue orders on people's complaints based on the laws approved by the legislative power. There is no question that laws, like other man-made things, have shortcomings. These decisions include the rupture and even the conflict between two or more articles of the law that provoke the creation of different policies in the court of justice and the punitive court of Iran. With a documentary methodology, this article attempts to study the conflicts between different punitive laws and their effect on the creation of different policies in the courts of Iran. It is concluded that, in many cases, due to different reasons there may be defects in the law or in the interpretation of the law that generate defect, ambiguity, clash between laws and contradiction. The existence of all these failures in different cases will cause conflicts between the judges of the criminal courts and these conflicts are the source of the creation of different legal procedures in the criminal courts and in the short time analyzed.

A partir de una muestra aleatoria de doscientas Organizaciones de la Sociedad Civil (OSC) en México, se analiza la transparencia con que dichas organizaciones reportan sus fuentes de financiamiento y sus reglas básicas de funcionamiento, como la membresía. Los resultados apuntan a que la transparencia con que las OSC en México hacen explícitos los intereses de personas u organizaciones que representan o las financian es muy baja. El artículo argumenta, con base en estos resultados y en la experiencia de este sector de organizaciones en otros países (se utiliza el caso de eua), que cuando el grado en que los intereses de los miembros y los financiadores se hacen explícitos y públicos, redunda en una mayor solidez social y política, a largo plazo, para las propias OSC.

This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.

The article examines the place and role of the Constitutional Court in the system of public powers in the doctrinal understanding of the concept of human rights and constitutionalism. The Constitution of the Russian Federation establishes the basic constitutional and legal principles that are fundamental to substantive and procedural law. Judicial constitutional review, as the experience of European countries shows, is the most effective in protecting the Constitution. The principles of law applied to the doctrinal assessment of the place and role of the Constitutional Court in the system of public powers constitute a rather dynamic legal concept. The methodology is based on the legal system, public relations, and the political-state course, which, like all fundamental ideas, change, affect legal awareness and establish new requirements for legal regulation and the formation of an appropriate mechanism. The article concludes that the most important condition for the implementation of the prerogatives of the judiciary to administer justice in the consideration and resolution of specific cases, with emphasis on the study and evaluation of evidence. It is the evidence that serves as the basis of information for the court's findings in the case.

The relevance of the problem under study is due to the need to monitoring the general situation to respect to human rights. The establishment, provision and realization of human rights is an important indicator in a state, which indicates its democracy, sociality, as well as the fact that such a state is legal. Purpose of the article in the study the issues of legal protection of vulnerable categories of population in the context of formation of active human rights policy of state aimed at increasing the capacity of socially vulnerable groups and reducing the risks of growing social tensions in society. The leading method for studying this problem is the legal sociological method, which allows us to study the effectiveness of state and legal regulation of human rights protection. The article presents an analysis of the results of the European experience in combating intolerance and discrimination. Its types main determined have been. Highlighted the criteria by which discrimination is prohibited. The legal system of human rights protection mechanisms is analyzed. The article presents scientific categories: discrimination, hate crimes, vulnerable groups. The practical significance lies in the development of proposals for improving domestic legislation.

The article makes a meaningful analysis of the scientific works and the rules of the Code of Criminal Procedure of Ukraine, which define the concept of testimony as a procedural source of evidence in criminal proceedings, its methods of obtaining, verifying, and evaluating. The legislative regulations and procedural procedure for the judicial interrogation of participants in criminal proceedings have been studied. Attention is paid to certain innovations in legislation that require scientific understanding, interpretation, and choice of appropriate tactics by a defense attorney, prosecutor, and judge. The methodological basis of the article is the complex application of general methods and special methods of scientific knowledge in its relationship, selected considering the purpose and objectives of the study, its object and theme. By way of conclusion, the proposals and recommendations of an organizational and tactical nature are based, aimed at improving police practice to address the existing problems of obtaining, verifying, and evaluating testimonies in the evidentiary process.

The main reason for the rapid development and promotion of reproductive technologies is the desire to have children of people who, for certain reasons, create such an opportunity. When writing the article, such methods were used as: historical, analysis, synthesis, systemic, functional, special-legal. It is argued that two types of reproductive technologies are of particular importance for medical law: in vitro fertilization and surrogacy. It is argued that such reproductive technologies as in vitro fertilization are an auxiliary introduction of donor material (sperm or egg) into all forms of a woman. It is also noted that not all researchers today support and consider optimal the formulations established in the main legislative acts of Ukraine on health care, regarding the right of every woman capable of fertilizing and implanting an embryo. The conclusions emphasize the importance of providing legislative guarantees for the possibility of introducing certain reproductive technologies for people who need such interventions for medical reasons. It is proposed to classify the principles of donation of reproductive cells such as sperm, oocytes and embryos. For this purpose, court rulings in cases involving the provision of in vitro fertilization services were also analyzed.

The aim of the article was to suggest ways to improve the legislation regulating the scope of operation of the automated system of judicial enforcement proceedings, in order to increase the effectiveness of enforced execution of decisions while respecting human rights. The methodology of the article was based on the application of the following methods of scientific cognition: analytical, deductive, hermeneutic, comparative and synthesis. In addition, the authors analyze the legal regulation of the operation of the automated system of execution of court judgments, as an element of information provision for the forced execution of resolutions and, at the same time, have revealed the gaps in its legal regulation and, consequently, have suggested the ways to eliminate them. It was definitely established that there was no need to amend the legislation concerning the distribution of enforcement documents among private enforcement officers within their districts of jurisdiction. In the conclusions it was offered to improve certain provisions of the Ukrainian legislation regulating the provision of information on compulsory enforcement of decisions, in particular, to give the prosecutor access to information on judicial enforcement proceedings on an equal footing with the parties.

The purpose of the article is to reveal the specific features of prosecution for contempt of court in different countries. The methodological basis of this research is a set of general scientific methods (dialectics, abstraction, generalization, analysis, modelling) and special methods of scientific cognition (comparative and legal method, etc.). The existing types of responsibility and penalties for committing contempt of court in different countries of the world have been characterized. The authors have carried out the analysis of the experience of legal liability for manifestation of contempt of court rules established in the United States, Canada, France, Australia, Belgium, Poland, Great Britain, New Zealand, Ireland and India, which allowed to highlight the positive provisions for improvement of legislation in this area. It has been concluded that the purpose of establishing the aforementioned responsibility is to guarantee the administration of justice and the rule of law, maintain and strengthen public confidence in the judicial system, safeguarding the continuity of the judicial process. Based on the analysis of regulatory legal acts and the jurisprudence of several countries in the world, the authors have made the classification by categories of actions that qualify as contempt.

The article is devoted to such a topical issue as the use of electronic evidence in court. The purpose of the article is to determine the basic principles of electronic evidence, study domestic and foreign legislation on the use of electronic evidence in court, determine their place in the system of evidence, and identify problems with evidence in court. It was found that electronic evidence should be understood as factual data that are displayed in digital forms and recorded on any type of media, as well as after processing by electronic computers become possible and accessible to human perception. It has been established that in most of the European countries we study, electronic evidence is unquestionably classified as written and is not singled out. It has been identified that electronic documents have the same legal force in some countries as paper documents. It was concluded that in Azerbaijan the procedure for collecting and examining electronic evidence in domestic proceedings should be improved to avoid various technical errors, as well as to strengthen cybersecurity measures and increase basic knowledge of judges in the field of information technology.