Suchergebnisse

Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes – namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius`s Institutions and Justinian`s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. The course of the work the following methods were used: essential, comparative, general historical.

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.

Resumen: En el presente se aborda una cuestión que no ha sido muy estudiada por los procesalistas del Derecho Comparado, me refiero a los procedimientos especiales dentro de Códigos que no poseen la tradición anglosajona –en este caso, Italia. Considero que son un interesante lugar donde explorar soluciones a la sobrecarga de los tribunales y fundamentalmente en orden a acortar plazos para la resolución de conflictos. De ese modo, se exponen aquí, luego de una introducción de tinte histórico y caracterizante del cuadro de situación en el que se desenvuelve, aquellos institutos procesales especiales previstos en el "Codice di Procedura Penale". Vale destacar que, a pesar de la creencia colectiva sobre esta clase de procedimientos, no todos implican una negociación de la pena, sino que, antes bien, acortan plazos para que dentro de la garantía del contradictorio se desarrolle el juicio. Para finalizar, y ya evaluadas las objeciones constitucionales que se presentan, se formula un análisis crítico de los institutos y se elaboran conclusiones. ; Abstract: The objective of this article is to analyze some criminal procedures that has not been studied by the comparative law authors. I mean special procedures within codes that do not have the Anglo-Saxon tradition –for instance, Italy. That is why Italian legislation could be an interesting place to explore solutions to overloaded courts and primarily in order to shorten deadlines for conflict resolution. Thus, these "Codice di Procedura Penale" procedures are exposed here, after an introduction of historical and characterizing the context in which it operates. It is important to notice that not every special procedure means to plead the procedure, on the contrary, many of these special procedures are simply ways to get a faster resolution of the criminal conflict. Finally, and after an evaluation of the constitutional objections against the plea bargaining, a critical analysis of the institutes is formulated and conclusions are drawn.

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.

As two Acts on direct democracy procedures at the national level were passed only earlier this year (2006), citizens have not yet had time to truly apprehend the extraordinary change in their political rights. Additionally, the government has made no effort to adequately inform the people of these powerful instruments they may now recur to, to make their voices heard. The fact that these instruments have not yet been tested, either at the lower municipal level or the national level, makes it difficult to assess their appropriateness. Notwithstanding, certain organized groups have already made official their intention to collect signatures, in order to petition a referendum on whether to ratify the Free Trade Agreement signed two years ago with the United States of America.

A Escola Nacional da Magistratura da Venezuela (ENM) é um órgão administrativo judiciário localizado em Caracas, com compêtencia nacional. Para cumprir sua missão, debe usar tecnologias de informação e comunicação. No artigo, parte-se de uma análise dos processos, bem como dos atos administrativos da ENM. Em seguida, abordam-se os argumentos a favor e contra a suficiencia da legislação atual para usar as TIC na Administração, com especial destaque das formalidades que devem ser cumpridas de acordo com diversos textos legais do século XXI que modernizaram a lei de 1981, e, ao final, propõe-se como digitalizar a ENM. ; The National School of Judiciary of Venezuela (NSJ) is a judicial agency with administrative responsabilities located in Caracas with nationwide competencies. To fulfill its mission, it shall use Information and Communication Tecnologies (ICT). This paper begins analizing NSJ administrative procedures and acts. Then, the study is addressed toward the arguments, in favor and against, sufficiency of current legislation to use ICT in government, specially, considering the formalities that must be completed according to different 21st century laws that modernized the law of 1981. Finally, it is proposed how to modernize the NSJ.

Using a documentary methodology close to the dialectical method, the objective of the article is to analyze the judicial reforms in Ukraine. Citizen belief in peace, justice and strong institutions is a challenge not only for Eastern Europe, where trust in state bodies has always been low. Meanwhile, the ongoing reforms of the judiciary aim to achieve a significant result using specific methods such as: the purging of judges. After the so-called "revolution of dignity" forceful discussions began on the purification process in Ukraine. For the first time, this question was raised in the early 90s of the last century. Unfortunately, the relevant legislative projects did not even reach the congress of Ukraine. It is concluded that Ukraine is currently experiencing its third attempt to initiate a judicial purge process. Unlike the first two, the third is apparently more productive. This is since a special law was passed, and the "government purification" procedure was started. finally, questions such as what is lustration and in what types does it manifest itself are discussed? How is this phenomenon related to the processes of systemic transformation?

Recensión de: "Piero AMENTA, Administrative Procedures in Canonical Marriage Cases: History, Legislation and Praxis. Colection Gratianus Series, Wilson & Lafleur, Québec 2011. xxiii, 258 pp."

The new disciplinary procedure of traffic is an article that presents five pretensions or principal aims of the Law 18/2009 based all of them in the attainment of a new disciplinary procedure of traffic. The above mentioned pretensions can be summarized in the following statements: 1. To attend to the massive character of the infraction dossiers in the subject traffic with a specific procedure, different from the general procedure; 2. To minimize the time between the infraction and the sanction: the fast sanction like element of active safety in the driving; 3. To reduce the litigiousness for motives of form, not of bottom; 4. To offer the driver in the disciplinary procedure the rights of electronic access to the public services guaranteed by the Law 11/2007; 5. To bring over the new reality of the "payment for use" from the vehicle to its administrative procedure. ; El nuevo procedimiento sancionador de tráfico es un artículo que presenta las cinco pretensiones u objetivos principales de la Ley 18/2009 basados todos ellos en la consecución de un nuevo procedimiento sancionador de tráfico. Dichas pretensiones pueden resumirse en los siguientes enunciados: 1. Atender el carácter masivo de los expedientes sancionadores en materia de tráfico con un procedimiento específico, diferente del procedimiento general; 2. Minimizar el tiempo entre la infracción y la sanción: la sanción rápida como elemento de seguridad activa en la conducción; 3. Reducir la litigiosidad por motivos de forma, no de fondo; 4. Ofertar al conductor en el procedimiento sancionador los derechos de acceso electrónico a los servicios públicos, consagrados por la Ley 11/2007; 5. Acercar la nueva realidad del "pago por uso" del vehículo a su gestión administrativa.

1 documento en PDF de 5 páginas ; The Administrative law enjoys certain "philosophy", which is summarized in "a set of knowledge—reasoned, arranged in a logical harmonic synthesis, in which they are linked and illustrated between yes—of the Administrative law by his beginning and foundations acquired with the natural light of the reason". In addition, it is so the science of the Administrative law, "it deals preferably it is the same, while his philosophy takes us after his last one and the last one , being applicable to the classic definition Aristotelian: ". The Colombian Administrative law, as branch autonomy, begins to appear with the Letter of 1886, which I spend of the federal system a centralist system or of centralism politic and decentralization administrative officer. In the PRC, based on its Constitution, the administrative procedural law was issued in order to ensure an adequate procedure for the purpose of processing to the appropriate authorities, the rights and obligations of citizens under appropriate principles under current standards.

Bankruptcy is the legitimate procedure by which monetarily troubled firms, people, and sporadically governments settle their obligations. The insolvency procedure for firms assumes a focal job in financial aspects, since rivalry drives the most wasteful firms bankrupt, subsequently raising the normal proficiency level of those remaining. This study provides a comparative analysis of the most significant aspects of bankruptcy for individuals in Russia and the United States. The objective of the study was to determine the conditions involved in declaring a citizen insolvent in US and Russian law, for which we studied the ways of filing applications in these countries, as well as some methods of abuse by creditors that reduce the effectiveness of the bankruptcy institu-tion, and the ways to minimize them. Based on the results of the analysis, proposals were made to improve the legislation that governs people's bankruptcy. These proposals are based on the positive experience of the United States in the field of legal regulation of insolvency institutions.

The EU founding Treaties established several revision procedures which have been modified by the 1992 Maastricht Treaty as well as by the 2007 Lisbon Treaty. However, both modifications have been more apparent than real: The participation in the preparatory work has been extended but the Intergovernmental Conference can only approve the proposed amendments by common accord –that is, by unanimity– and the amended text can only come into force once it is ratified by all Member States in accordance with their respective constitutional requirements. ; Los tratados constitutivos de las Comunidades Europeas establecieron diferentes procedimientos de revisión que con posterioridad han sido modificados tanto por el Tratado de Maastricht de 1992 como por el de Lisboa de 2007. Estas modificaciones han sido, no obstante, más aparentes que reales: Se ha ampliado la participación en los trabajos preparatorios pero la Conferencia Intergubernamental solo puede aprobar las enmiendas propuestas de común acuerdo –es decir, por unanimidad– y el texto enmendado solo podrá entrar en vigor tras ser ratificado por todos los Estados miembros de acuerdo con sus respectivos procedimientos constitucionales.The EU founding Treaties established several revision procedures which have been modified by the 1992 Maastricht Treaty as well as by the 2007 Lisbon Treaty. However, both modifications have been more apparent than real: The participation in the preparatory work has been extended but the Intergovernmental Conference can only approve the proposed amendments by common accord –that is, by unanimity– and the amended text can only come into force once it is ratified by all Member States in accordance with their respective constitutional requirements.

This document includes a brief analysis of the new succession procedure of the Code of Civil Procedure in force in the state of Chihuahua, and comments on what we consider to be some important legislative omissions as well as on the inheritance tax regime; conclusions and bibliography or information sources. ; El presente documento presenta un breve análisis del nuevo procedimiento sucesorio del Código de Procedimientos Civiles en vigor en el estado de Chihuahua, y comentarios respecto de lo que consideramos algunas omisiones legisla!ivas importantes así como lo rela!ivo al régimen fiscal de las sucesiones; conclusiones y bibliografía o fuentes de información.