Suchergebnisse

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.

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 purpose of the article was to study the actual problems of obtaining evidence on the initiative of the court in the economic process and, at the same time, to substantiate the proposals for reforming the economic procedural legislation of Ukraine. In the research process were used methods of general and special, namely: historical, comparative legal, synergistic, structural systemic, analysis and synthesis, logical and generalization method. It has been shown that evidence is an important part of the judicial process. It is emphasized that the role of the court in ensuring a prompt and thorough consideration of the case cannot be passive. It is concluded that the court, while maintaining objectivity and impartiality, must assist the participants in the trial in exercising their rights, prevent any kind of abuse and take measures to fulfil its judicial duties, as a condition of possibility for the maintenance of the rule of law.

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 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 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.

The end of empires and the rise of nation-states have transformed the way politics and societies operate and the modern sense of these changes, transformations, events, and situations. Language, culture, and memory are essential pillars of the nation-states' projects of creating a new society. The modern form of government, the nation-state, use history not only as a means of transmission but also as a means of building identity and memory. This study examines the case files of three critical names in the Kurdish movement and the history-based debates in their trials. By applying discourse analysis, we have shown how the Turkish state and The Kurdish Workers' Party used history as a tool to "prove" and "disprove" the existence of Kurds, the Kurdish language, and Kurdistan. While the judges imposed an evidence-based approach to history and denied the existence of Kurds, Kurdish and Kurdistan, the PKK members opposed the official thesis of the state and built their arguments more on the day-to-day realities of life. The study's main argument is that the official ideology uses history to prove and convey a message to the rest of society, whereas the defendants used it as a means of protest depending on the historical reality rather than history as a science. This study discusses that by using science to make examples of these members, the judges used history to prove the Kurds' non-existence, whereas the defendants implied history as a way of protesting the ruling authority.

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 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.

This paper examines the current challenges in copyright enforcement online in a case from Germany, concerning the Project Gutenberg Literary Archive Foundation.
Project Gutenberg was found liable for a breach of German copyright law and access to certain items was blocked by Germany. Gutenberg believes that the German court has no jurisdiction over the matter, but will comply until the issue is resolved on appeal.
The paper illustrates possible alternatives for jurisdiction and applicable law in the EU. Current choice-of-court and choice-of-law rules are argued to be unsuitable for copyright claims for the online environment. Further, the paper focuses on the latest case law of the Court of Justice of the European Union (CJEU) concerning the liability of intermediaries and the safe harbour regime. "Hosting" safe harbour is supposed to be rejected when a platform is directly liable for copyright infringement jointly with its users.
Furthermore, the paper will describe how the same conclusions would also apply to the Google Books Library Project. Both cases illustrate the current problems of territorial copyright laws in the online environment.
The challenges in enforcing copyright online encourage copyright holders to seek protection within just one jurisdiction so that one single law can be applied. This weighs heavily when deciding upon a litigation strategy for copyright claims. The lessons learnt in this field show how cross-border enforcement of copyright online is tremendously unpredictable for defendants and unaffordable for copyright holders, and thus, benefits nobody.