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The article is devoted to the study of the regulation of referral of criminal proceedings from one court to the United States of America, namely under federal legislation and the legislation of individual states. Thus, the article refers to certain provisions of the Federal Rules of Criminal Procedure (Judiciary) of the United States of America. The judicial practice of district and appellate courts on the specified issue was analyzed and attention was drawn to the most significant court cases that reveal the peculiarities of the use of the institution of referral of criminal proceedings in individual states. The issue of the influence of publicizing the case in the mass media on the resolution of the case by the jury and the influence of public opinion on sentencing and finding the accused guilty of a criminal offense was considered. It was concluded that the court may agree to a change of jurisdiction when the case becomes widely publicized among the residents of the district and may affect the objectivity of the jury or the nature and purpose of the committed criminal offense makes the case sensational, or for the convenience of conducting the trial, or when the accused is a well-known person to the residents of the district, or the judge harbors prejudices about the defendant, the details of the crime or other factors. Also, special attention is paid to ethical issues that arise in the process of referral. For example, how US judges should deal with bias or how they can guarantee the objectivity of judicial proceedings in conditions of public pressure and resonance. In addition, the work of scientists and practitioners on the described topic is highlighted. Thus, in the analyzed works, it is shown that motions to change the venue of proceedings are effectively satisfied even in the most high-profile cases, and in some cases, a change of venue may actually lead to a trial more favorable to the accused district than in the district where the criminal offense is likely to have occurred due to the social characteristics of such district. In general, the article can be an important contribution to understanding how important is the balance between the right to a fair trial and the influence of society on the judicial system. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the right to file a constitutional complaint as a component of ensuring access to constitutional justice. Based on the analysis of Ukraine’s legal doctrine and legislation, it has been established that the institution of constitutional complaint became a novelty within the framework of the institutional judicial reform regarding justice in 2016, which was accompanied by amendments to the Constitution, and the practical implementation of these provisions, as well as the consideration of constitutional complaints by the Constitutional Court of Ukraine began in 2018. The article establishes that the peculiarities of the constitutional complaint in Ukraine allow it to be characterized as individual, direct, and «partially normative,» since its subject matter only covers «the law of Ukraine,» with the object of the constitutional complaint being limited exclusively to laws of Ukraine. The Ukrainian model of the constitutional complaint, by its potential, serves as an effective tool for protecting constitutionally guaranteed human rights, with the condition of its effectiveness being the productive activity of the Constitutional Court of Ukraine. At the same time, the author draws attention to the debatable nature of limiting the object of the constitutional complaint exclusively to laws of Ukraine in view of the needs and realities of Ukrainian society in terms of guaranteeing human and citizen rights and freedoms. It is proposed to expand the range of legal acts that can be challenged through a constitutional complaint to verify their constitutionality, including other normative legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea in cases where the application of these acts in a specific case led to a violation of the rights and freedoms enshrined in the Constitution of Ukraine. It has been established that the introduction of the institution of individual constitutional complaint is a valuable step in the context of ensuring an individual’s access to constitutional justice in Ukraine and a guarantee of the effectiveness of the right to judicial protection. It is concluded that the right to file an individual constitutional complaint is an important guarantee of access to justice, as it ensures the nonillusory nature of democratic values, the principle of the rule of law, and contributes to the development of a judicial system that guarantees equality before the law and a fair trial [ABSTRACT FROM AUTHOR]

The article is devoted to the problematic issues of regulation of judicial control during consideration of applications for permission to conduct covert investigative (detective) actions and use their results for other purposes, in terms of ensuring the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The principle of fairness of a trial is interpreted in certain judgments of the European Court of Human Rights as the proper administration of justice, the right of access to justice, equality of parties, adversarial nature of the trial, reasonableness of the trial, etc. The construction of Article 6 of the Convention indicates the existence of the following key elements of the right to judicial protection: 1) the right to a hearing; 2) fairness of the hearing; 3) publicity; 4) reasonable time; 5) hearing by a court established by law; 6) independence and impartiality of the court. The author examines the key issues affecting the objectivity of court decisions in this area, imperfections of the procedures provided for in the criminal procedure legislation in terms of ensuring the fairness of the trial, reasonableness and motivation of the court decision. Special attention is paid to the problems of ensuring the independence and impartiality of the court as a factor that significantly affects the legality of such decisions, and the author suggests ways to improve the effectiveness of judicial control in this area. According to the author the legal regulation provided for by criminal procedure legislation in the area of judicial control over covert investigative (detective) actions, both in terms of consideration of applications for permission to conduct activities related to interference with private life and the use of the information obtained in another criminal proceeding or for another purpose, does not ensure compliance with the guarantees of the right to a fair trial provided for in Article 6 of the European Convention. Along with the need to take effective measures aimed at ensuring the independence of the judiciary and the impartiality of judges, criminal procedure legislation also needs to be improved. In particular, the article suggests that reforms should be aimed at overcoming "formalism" in the course of consideration of applications for permission to conduct covert investigative (detective) actions. [ABSTRACT FROM AUTHOR]

It is indicated that the right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights. The effective exercise of this right requires, in particular, that everyone has the right to be heard by «an independent and impartial tribunal established by law to determine civil rights and obligations or determine the merits of any criminal charge brought against him». The article is devoted to the analysis of the compliance of national legal regulation with European standards regarding the integrity of the judicial corps and the determination of the legal nature of this phenomenon in the publicauthority and professional-labor sphere. It is indicated that the paradigm of the functioning of the judicial system contains the requirements of professionalism, independence and integrity of the administration of justice, which forms the basis of the development of statehood and the establishment of the principles of the rule of law, which is a requirement of international and European judicial standards. It is reasoned that the state-representative function of the integrity of judges is manifested in the high professional and moral compliance of the judicial corps with the requirements for the high position of a judge. The requirements are broader than for the integrity of other employees, let's say, executive and local self-government bodies, due to the fact that judges are endowed with unique powers - to protect and restore rights and freedoms, legitimate interests on behalf of the state. The corporate and public nature of integrity is singled out as a professional criterion for judges (judge candidates) in order to meet the position held, which is due primarily to the fact that the judiciary takes place through the implementation of activities based on the judge's legal awareness and the state provides them with a sufficiently wide discretion to implement powers This nature is manifested in openness and transparency, which is a guarantee of achieving the integrity of judges and the judiciary and judicial self-government. Based on the conclusions of the Advisory Council of European Judges, it is proven that overcoming corruption as a manifestation of dishonesty contributes to the general level of legitimization, where functional legitimacy is based on public trust, which is created through excellent work, transparency, accountability. The hypothetical effectiveness of the new model of corporate labor relations developed in our country has been proven - the joint coordination work of judicial self-government bodies, civil society and independent international experts. [ABSTRACT FROM AUTHOR]

Judges and other legal adjudicators are increasingly relying on AI systems to assist them with their decision-making. This has profound implications for the judicial process and the right to a fair trial. This article considers what these developments mean for the principle of open justice. Two key rules that operationalise the principle of open justice - the rule that justice ought to be administered in public and the judicial duty to give reasons for decisions - are, in their current form, strained and perhaps broken altogether when AI is used to assist judicial decision-making. Consequently, these rules need to be modernised and recalibrated. To achieve this, theories, concepts and findings from "explainable AI" and "procedural justice theory" ought to be incorporated into these two rules so that they can better actualise open justice in the AI era. A key requirement is that appropriate, understandable explanations about how AI systems help judges to decide individual cases are provided to affected parties and the public. [ABSTRACT FROM AUTHOR]

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens' rights to defend their interests in court. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The witness is an important participant in every trial, whether it is civil or criminal. Testimony of witness is the most widely used and common form of evidence to find the truth of the case and in achieve the goal of complete justice. Witnesses have always been a very important source of prove in a trial, they are compulsory in any system of jurisprudence. The witness executes a "sacred duty" by testifying before the court. In this fight against injustice, it is the crucial duty of the judicial system to provide effective protection for people, informants, witnesses and victims. Right from inception, it is an accepted fact that the main purpose of the judicial system is to find out the truth behind any dispute. Victims and witness co-operation is essential for a fair and successful prosecution, but it is often seen that they do not cooperate out of fear. Therefore, providing protection to witnesses is expedient for law enforcement as well as a fundamental obligation of the legislative body of every country. India's Supreme Court came up with a witness protection scheme in 2018 in the Mahender Chawla versus Union of India1 case to protect the witnesses who are giving evidence against the accused persons from any dangers or threats that may affect the process of law. However, lack of awareness among the people and its lack of effective enforcement results in continuance of an emerging threat upon witnesses. The witness still do not feel safe coming to court and giving their testimony before the court. Therefore, it is a need of the hour that the provisions provided in the witness protection scheme should be strictly enforced and awareness among the general public about its provisions should be done. The research paper aims to explain and discuss the laws relating to protection of witnesses provided in different statues in India and important case laws of supreme court of India as well as different high courts which emphasize the need of witness protection laws in India for achieving the goal of fair trial and for doing complete justice. [ABSTRACT FROM AUTHOR]

Copyright of Socioloski Pregled is the property of Srpsko Sociolosko Drustvo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The research explores the relationship between mediation and the right to a fair trial, examining whether mediation is a legal heritage or an anomaly within the legal sphere. The study analyzes the legal framework of mediation in Ukraine and other countries, along with international standards. It investigates the impact of mediation on the right to a fair trial and its role in Ukraine's European integration process. The methodology includes policy analysis, empirical research, and comparative methods. The findings suggest that mediation is a valuable addition to the legal system, promoting efficient dispute resolution and reducing the burden on courts. However, upholding clear standards and principles is crucial to ensure the protection of participants' rights and maintain the right to a fair trial. The research concludes that mediation can coexist harmoniously with traditional judicial processes, contributing to a more effective and just legal system. [ABSTRACT FROM AUTHOR]

Copyright of Pacha: Revista de Estudios Contemporáneos del Sur Global is the property of PACHA REVISTA DE ESTUDIOS CONTEMPORANEOS DEL SUR GLOBAL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Without ex-ante judicial oversight, there is a significant risk that individuals' fundamental rights could be severely threatened under the guise of pursuing and investigating individuals. This research adopts a descriptive-analytical methodology, utilizing relevant legal literature to elucidate the role of ex-ante judicial oversight. The aim is to explain the significance and position of this institution in ensuring a fair trial, upholding the presumption of innocence, and striking a balance between the rights of the parties involved in a criminal case, all based on the principles of the rule of law and jurisprudence. Implementing ex-ante judicial oversight is the enhancement of public trust in the functioning of the judicial system ensures the system's efficiency and prevents the misuse of legal powers by prosecution and investigation authorities. The research findings underscore the necessity of strengthening ex-ante judicial oversight over investigative and prosecutorial measures, particularly in Iran and Syria. [ABSTRACT FROM AUTHOR]

The COVID-19 pandemic significantly disturbed people's lives all over the world for many months and it has had a weighty impact on all spheres of life, both in terms of the private sphere of individuals and in relation to the functioning of state institutions, including courts. To protect public health and limit the number of infected citizens, it became necessary for state authorities to introduce emergency measures, some of which resulted in far-reaching restrictions on human rights – and the right to a fair trial was no exception. This article aims at presenting the way in which the Polish judiciary functioned during the pandemic, as well as the main problems related to exercising the right to a fair trial during the COVID-19 pandemic, including a lack of openness of court proceedings, remote hearings and the removal of the collegiality of judicial adjudication in most civil cases. [ABSTRACT FROM AUTHOR]

The article analyzes the measures implemented by countries in the field of access and administration of justice, focusing on the use of electronic justice as a comprehensive remote mechanism during the COVID-19 pandemic. The study examines the experiences of the European Union and Ukraine to understand the effectiveness of electronic justice in ensuring the right of access to justice. Various scientific methods such as legal-statistical, systematic, formal-legal, and cybernetic methods were employed in the study. The analysis reveals that the measures taken by countries to prevent restrictions on human rights in the judicial system are not perfect and require further development. The study identifies key issues in the practical implementation of electronic justice and provides specific recommendations for improvement. The research fills a gap in comprehensive scientific studies on continuous and effective consideration of court cases during the pandemic. The practical and scientific value of the article lies in its relevance to practitioners and scholars worldwide, who are interested in the realization of the right of access to justice and the functioning of electronic justice. The national experiences and recommendations presented in the article can also be applied by European countries to enhance the effectiveness of their electronic justice systems. [ABSTRACT FROM AUTHOR]

The quasi-judicial body responsible for the enforcement of official documents is one of the most important auxiliary bodies within the registration system. This body possesses multiple legal competencies to handle specialized litigations, alongside other authorities within its legal system. The significance of these competencies lies in their nature as actions that guarantee fundamental rights of individuals within the judicial procedure of this body. The establishment of fair trial within this body is one of the key criteria to assess these competencies. This research adopts a descriptive-analytical approach with a comparative perspective. The article aims to examine the quasi-judicial procedure in the enforcement of official documents, considering its competencies, in the context of fair trial to answer the question: What is the approach of this body towards fair trial in its own judicial procedure? The findings of this research demonstrate that the quasi-judicial body possesses broad competencies under the regulations governing the enforcement of official documents, and some aspects of fair trial, such as the principle of legality, time limits, appealability, and religious exceptions, have been recognized; however, important criteria such as consistency, independence in decision-making, the right to legal representation, and the right to access case files have not been adequately addressed. Therefore, it can be argued that the quasi-judicial body in the enforcement of official documents applies an incomplete form of fair trial in its judicial procedure, which, in addition to ambiguities and inconsistencies within this body, leads to the violation of individuals' rights. [ABSTRACT FROM AUTHOR]

Background: Scientific evidence plays a crucial role in modern legal systems, enabling fact-finders to arrive at logical conclusions in a variety of cases. However, the credibility of scientific evidence can be a major challenge for judges and juries. Evidence laws provide limitations on the admissibility and presentation of evidence in criminal proceedings, protecting a defendant's right to a fair trial and enabling the efficient conduct of criminal trials. Forensic science has become an essential component of criminal justice, aiding in the identification of the guilty and the prevention of wrongful convictions. As such, the use of scientific evidence in criminal proceedings must continue to be prioritized and protected. Aim-The goal is to examine how forensic science plays a part in the judicial system, particularly how it may be used to establish facts, establish guilt, and provide justice. Methods-A review of the literature on a few of the older studies from various journals and databases was conducted. They searched a computerized database. Studies that were deemed relevant to the current objective were picked at random. Result-Forensic evidence plays a crucial role in the criminal justice system in India. It provides an objective and scientific basis for establishing the guilt or innocence of a suspect, identifying perpetrators of crime, and establishing the facts of a case. The use of forensic evidence in criminal trials promotes transparency and accountability in the criminal justice system and helps to ensure that justice is served. [ABSTRACT FROM AUTHOR]

The project on which this paper is grounded is the first in-depth empirical study of the impacts of COVID-19 on each stage of the English and Welsh Youth Justice System. We take the notion of a child's right to a fair trial as the lens by which we detail the findings from our research. The paper documents the experiences of professionals working in the courts and children who had contact with the courts during the pandemic. While we concentrate on processes in England and Wales as an exemplar of the impact of COVID-19, recognising that globally, courts were experiencing similar challenges, initiates a discourse about how to re-envision their role in wider criminal justice systems in a COVID-19 world. Our research demonstrates an urgent need for renewed consideration of what support children need to effectively participate in court, and where and how children's cases should be heard. The pandemic demonstrated that creativity is possible and creates a timely opportunity to review the evidence and think more radically about a welfare-based, trauma-informed court process for children. [ABSTRACT FROM AUTHOR]

Background: The paper offers the analysis of implementation of legal certainty principle and access to justice in Ukraine. Both are regarded in connection to the rule of law principle; their coordination is shown in cases when the application of rule of law is required to patch the holes of imperfect judicial system facing the challenges of the ongoing war. Methods: The methods of legal reasoning and analysis are used to present the main approaches to legal certainty principle as well as to the access to justice. Additionally, with the help of comparative method their meaning and influence on the legal practice are established. The method of analogy is used to predict the possible solutions in order to improve access to justice in Ukraine. Results and Conclusions: Legal certainty is an element of the rule of law, it provides predictability in legal regulation, the clarity of legal norms, and demands the propriate way of legal acts enforcement as well as prohibits retroactivity. It challenges respect to the legitimate expectations and provides stability in legal regulation. The improvement in the application of the right to access to justice is beneficial for the legal certainty and vice versa. When legal certainty is violated due to the gap in legislation, unclarity of legal norms or controversy of legislative provisions and violated rights of the claimant could be restored, if the right of access to court is fully guaranteed. It is stated that res judicata, a requirement for legal certainty is a demand that is also common to access to justice. [ABSTRACT FROM AUTHOR]

Copyright of Acta Iuris Stetinensis is the property of University of Szczecin Press / Wydawnictwo Naukowe Uniwersytetu Szczecinskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

It is indicated that the participation of a defense attorney in criminal proceedings at the stage of pre-trial investigation, especially in the conditions of martial law, is a complex process that requires attention and research. Depending on the context of the conflict and the specific circumstances, the participation of the defender may be limited or unavailable at all, which violates the principles of fair trial and equality. So, this article examines the participation of defense counsel in criminal proceedings during the pre-trial investigation stage, particularly in times of a state of war. The article analyzes the legal norms and procedural rules that define the rights and obligations of defense counsel during the pre-trial investigation. Specifically, it explores the defense counsel's right to participate in procedural actions, including the questioning of witnesses, experts, and suspects, as well as the examination of crime scenes and evidence, and access to case documents and materials. The research is based on relevant data, including the Presidential Decree No. 64/2022 and amendments to the Criminal Procedure Code of Ukraine. By analyzing legislative acts, it is revealed that a state of war affects the participation of defense counsel in criminal proceedings. In particular, a state of war may lead to changes in the legal system, the adaptation of procedural rules, and the provision of conditions for the functioning of the justice system during challenging periods. Analysis of legislative acts and experience showed that additional measures and recommendations are needed to ensure the effective participation of the defender in the pre-trial investigation during martial law. It is important to develop mechanisms that guarantee the rights of the defender, in particular, access to information, the opportunity to participate in procedural actions and ensuring confidential communication with the client. In addition, attention should be paid to the education and training of lawyers so that they are ready to effectively defend the rights of suspects and accused persons in the difficult conditions of the conflict. [ABSTRACT FROM AUTHOR]

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In all periods of history and in all civilizations, people wanted an ideal life style that would be more secure and peaceful and thought that this would only be possible with a fair administration. However, an alliance could not be reached on what this fair management method is and how it should be applied, and everyone suggested various methods with the influence of their own belief, temperament and culture. Religions and legal systems have brought certain regulations in order to realize this desired ideal life style and to ensure a fair order. These regulations were accepted as fair to the extent that they protected the rights of the people and removed the harm from them and were welcomed by the society. In this study, we aim to show what the concept of justice is in the Qur'an and how the fair trial procedure works in Islamic law of procedure, which is the most concrete application area of justice. Thus, we will have expressed what are the principles of the Qur'an, the first source of Islamic law, which establish justice, and ensure justice in the Islamic procedure. [ABSTRACT FROM AUTHOR]

The focus on inclusive development within the 2030 Agenda highlights the contradiction between an inherent 'business-as-usual' approach subject to a few restrictions and a radical reformation of the global system. Inclusive development is elaborated through the idea of leaving no one behind, a human rights and a justice approach. Against this background, this perspective argues that there is need for clarity about the words used and about the implications of the words used. It defines inclusiveness to imply social, ecological and relational elements; that inclusiveness is not incorporation of the 'other' but based on recognition and epistemic justice; and that inclusiveness redefines the content of development. It argues that justice needs to be unpacked into issues of access to minimum resources and allocation of the remaining resources, risks and responsibilities. Achieving access in an unequal world will lead to crossing Earth system boundaries and is affected by increasing pollution. Both imply that access cannot be met without changing rules of allocation, with market-based allocation reproducing injustices. Finally, while inclusiveness requires greater partnership and responsibility, this is undermined by the way the 2030 Agenda ignores liability for harm caused to others. Sharpening the understanding of inclusion and justice among key stakeholders and a better articulation of the Earth system justice approach is a way forward. [ABSTRACT FROM AUTHOR]

The article analyzes the unlawfulness of evidence in the case law of the European Court of Human Rights (ECtHR) and its relationship with the right to a fair trial. It examines a two-level analytical model to determine whether the violation of fundamental rights in obtaining evidence implies a violation of the right to a fair trial. Different scenarios of unlawful evidence are addressed, such as obtaining evidence through torture, inhuman or degrading treatment, police provocation, and violation of the right to privacy. The article also discusses the application of the rule of exclusion of unlawful evidence in the Spanish legal system and the influence of ECtHR case law in this matter. The article summarizes the doctrine of the ECtHR regarding the right to remain silent and not to self-incriminate in criminal proceedings. The ECtHR establishes that these rights are essential guarantees that are part of the right to a fair trial, even if they are not expressly recognized in the text of the European Convention on Human Rights. The Court jointly and alternatively analyzes these rights in its judgments, considering them as part of the same right. However, ECtHR case law on this issue tends to be casuistic, and there is no uniformity in the factors that can be considered to determine the fairness of the trial. [Extracted from the article]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Essay about the challenges of access to justice in the sustainability context, based on the implementation of the electronic Judicial Process (PJe) by the National Council of Justice (CNJ). Through a bibliographical review, the objectives were to examine the transformations by the implementation of the PJe by the CNJ, the current conditions for the exercise of the public function by the justice system; then, through the doctrinal and legislative examination, it is intended to verify the challenges of the PJe related to the effectiveness of access to justice as a fundamental right, verifying the possibilities brought by this new procedural model related to sustainability, with a focus on the UN Agenda 2030. As a hypothesis, it appears that the PJe is a reality throughout the Judiciary, forcing the justice system to adapt, towards a new model of thinking about the material and procedural Law reality. As a result, it was found that effective access to justice - with the PJe - must be viewed rationally, recognizing the insufficiencies and limitations of judicial services, breaking obsolete paradigms in the pursuit of effective jurisdictional provision. It is a problem for the entire justice system and one that must be faced by each of its parts. Even with the challenges, the PJe presents itself as one of the instruments for expanding sustainable access to justice, making the processing of judicial proceedings more efficient, reducing the use of paper, the people and documents`displacement, increasing data transparency and citizen accessibility to the justice system. [ABSTRACT FROM AUTHOR]

Inter-American human rights justice is a phenomenon of transnational influence on the legal systems of national states. The growing interaction of the Inter-American Court with national judges and its work as interpreter of the American Convention on Human Rights (IACHR) has fostered excessive optimism that needs to be critically reviewed for the sake of a better understanding of transnational. To fulfill this task, this document will present the doctrinal discussions on justice, validity, and effectiveness of the IACHR through the scope, limits, and impact of the Inter-American judicial exercise. [ABSTRACT FROM AUTHOR]

Copyright of Jordanian Journal of Law & Political Science is the property of Mutah University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal Of the College of Law /Al-Nahrain University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Adab Al-Kufa is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Technological developments continue to have a transformative impact on various aspects of our lives. While legal systems have often been regarded as resistant to these types of change, they have, in recent years, become much more open to taking advantage of digitalisation as a means of making criminal proceedings more convenient and efficient. It is crucial to ensure that criminal justice systems are fit for purpose, and that they continue to develop, to mirror social trends and developments. However, where these changes are adopted rapidly, and with little regard for human rights, technological developments risk worsening existing endemic challenges in criminal justice systems, including discrimination and over-incarceration. This paper considers: the factors that have contributed to the increasing use of technology in criminal proceedings in England and Wales; how technology is now shaping not just the appearance, but also the very nature of criminal proceedings; and how these developments might impact on fair trial rights. [ABSTRACT FROM AUTHOR]

Laws determine the limits of the ability of individuals who bring the society together to live together with all their differences. People are born with their innate individual differences. In addition to these individual differences, religion, language, color, race and culture may also be different. Despite all their differences, individuals should be considered equal before the law. In this respect, the principle of fair trial is one of the most basic principles that constitute the state of law. before a court established by law; A fair trial is an independent, impartial, transparent and fair trial. All people have the right and freedom to a fair trial. However, due to some factors, justice does not really take place. The main factors observed to adversely affect fair trial are; It can be of psychological and sociological origin, as well as of legal, economic or political origin. Islamic law, by introducing rules that ensure equity in the judiciary, forbids any kind of practice that would lead to injustice. It is understood that Islamic legal theory has many principles that ensure a fair trial on the level of human rights, but in practice, the deficiencies arising from the inability to operate judicial justice mechanisms in a functional way damage the image of justice in Islam. [ABSTRACT FROM AUTHOR]

The right to a fair trial is presented as a procedural right which allows different approaches to its application in national judicial proceedings. Moreover, it is one of the rights whose violation has often been invoked before the European Court of Human Rights, leading to numerous convictions of states, with the consequent payment of damages to the plaintiffs. Regulated by the provisions of Article 6 of the European Convention on Human Rights, this right includes a multitude of guarantees designed to ensure a fair, effective, equitable and rapid trial, to strengthen the confidence in the justice system. Within these guarantees, the adversarial and oral nature of the preliminary chamber procedure is of particular significance. [ABSTRACT FROM AUTHOR]

This article examines the role of expert judges who participate in resolving environmental protection cases at the Vaasa Administrative Court, Finland, which is the first instance of appeal. The expert judges have a degree in either engineering or natural sciences and they work as full-time judges. This article describes the requirements of a fair trial according to the Convention on Human Rights. The most interesting elements of a fair trial are the adversary principle and the independence and impartiality of the court. Access to a court and to justice and the Aarhus Convention are the basic elements of environmental justice and the Finnish system. Several international aspects support it. Even the most critical aspect, the adversary principle, does not demand the abolishment of the system of environmental expert judges. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the role of expert judges who participate in resolving environmental protection cases at the Vaasa Administrative Court, Finland, which is the first instance of appeal. The expert judges have a degree in either engineering or natural sciences and they work as full-time judges. This article describes the requirements of a fair trial according to the Convention on Human Rights. The most interesting elements of a fair trial are the adversary principle and the independence and impartiality of the court. Access to a court and to justice and the Aarhus Convention are the basic elements of environmental justice and the Finnish system. Several international aspects support it. Even the most critical aspect, the adversary principle, does not demand the abolishment of the system of environmental expert judges. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the article, the author examines the issue of whether law enforcement officers could serve as jurors in police misconduct cases involving their peers and ensure a fair trial amidst the problems of misconduct and racism plaguing the legal system in the U.S. Other topics include a brief history of the jury system, the roots of the military system, and how all-police juries could do more harm than good.

Digital technologies have great potential to improve efficiency and access to justice, with the European Commission and the EU Council collaborating on a number of cross-border digital justice initiatives as a result of the political commitment to make national and European e-Justice more accessible. The COVID-19 crisis posed a serious challenge to the smooth functioning of justice systems, confirming that digital technologies are essential to ensure seamless and timely access to justice for citizens and businesses, thus contributing to building resilient national systems. The Joint Roadmap for Recovery1, endorsed by the European Council on 23 April 2020, recognises digital transformation, alongside the green transition, as having a central and priority role in re-launching and modernising the EU economy. As underlined in the Council Conclusions "Access to justice - "Access to Justice - Seizing the Opportunities of Digitalisation"2 adopted in 2020, access to justice is a fundamental right and a central element of the rule of law, which is one of the core values on which the European Union is founded under Article 2 of the Treaty on European Union and which are common to the Member States. The document also reaffirms that the digital development of the justice sector should be humancentred and should always be guided by the fundamental principles of judicial systems concerning the independence and impartiality of the courts, the guarantee of effective judicial protection and the right to a fair and public trial within a reasonable time. [ABSTRACT FROM AUTHOR]

Copyright of African Human Rights Yearbook / Annuaire Africain des Droits de l'Homme is the property of University of Pretoria and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on current problems of the realization of the right to effective remedies for everyone who has fallen within the purview of the Law of Ukraine "On Government Cleansing" in Ukraine during the lustration, since this right is guaranteed by the Convention for the protection of human rights and fundamental freedoms of 1950. The analysis of the established lustration standards, which were formulated by the European institutions taking into account other countries' experiences, showed that the appropriate realization of the right to effective remedies during lustration is one of the key aspects of government cleansing in a democratic country founded on the rule of law. The article raises the issue of the applicability of the constitutional principles of presumption of innocence and individual responsibility to the Ukrainian context of lustration. This issue remains open for domestic legal theory and practice because it is complex and requires the official legal position of the Constitutional Court of Ukraine. [ABSTRACT FROM AUTHOR]

Based on a recent Turkish Court of Cassation decision, this article puts forward that the right to a fair trial, embodied nearly in all legal systems and fundamental international regulations such as ECHR, must be respected in arbitration proceedings as well. Since member states indirectly exercise control over arbitration proceedings during the annulment or enforcement phase, member states' courts ensure that arbitrators comply with the principles of ECHR, specifically with the right to a fair trial. Additionally, most national laws impose a duty on arbitrators to observe the equality of the parties, which in turn serves to the application of fair trial principles. The right to a fair trial is also an essential part of public order, a violation of which shall lead to the annulment of arbitral awards or dismissal of the recognition and enforcement thereof. As a basic element of the right to a fair trial, the right to be heard encompasses the right to be informed about the allegations, defenses, and evidence that occupy the foreground of this article. This article first reviews the decision of the court of first instance, followed by the Court of Cassation decisions rendered upon the request for appeal and later, request for revision. [ABSTRACT FROM AUTHOR]

The term "Fair Trial" has become very important in modern times and is one of the basic rights of the accused. There is no comprehensive definition of this term, but there are details in the international documents on the guarantees that come as a result of this right. These include the Universal Declaration of Human Rights 1948, the International Covenant on Civil and Political Rights, and many other human rights Instruments. The 18th Amendment to the Constitution of Pakistan also makes the right to a fair trial a part of the Constitution. This right includes appointing a judge, giving the accused a chance to defend himself, the right to testify the witnesses, appealing against the verdict and some other matters are also included in the guarantees of this right. This term is not used in the Islamic judicial system, but Islamic teachings are very clear about the guarantees obtained as a result of this right and Islam clearly distinguishes between the accused and the guilty. Justice has always been given priority in the period from the time of Prophet hood to later times and history has preserved many incidents which are clear evidence of this right in the judicial system. This article appraise the Research Review of Right to Fair Trial in Islamic Judicial System. [ABSTRACT FROM AUTHOR]

Copyright of Antalya Bilim University Law Review is the property of Antalya International University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: The aim of the study is to analyse the possibility of modifying procedural law in the context of the legislative measures taken in connection with the COVID-19 pandemic on the example of the Polish administrative judiciary system. Design/Methodology/Approach: The study employs the dogmatic-legal method, analysing the provisions of the ECHR and examples of the regulation of administrative court proceedings in Poland. The interpretation of the provisions is carried out taking into account the jurisprudence of the courts, in particular the jurisprudence of the ECtHR. Findings: The study shows that no regulation taking away the right to have the case heard in public is compliant with the ECHR. Public hearing is in fact a crucial aspect of the right to a fair trial. However, in order to mitigate the effects of a pandemic, states may introduce such solutions which -- within the limits of art. 6 sec. 1 ECHR -- modify the law. Academic contribution to the field: The study suggests theoretical and general solutions to the problem that arose during the COVID-19 pandemic: whether and how certain aspects of the right to a fair trial can be limited without violating its essence. The issue is analysed from the perspective of the administrative judiciary and legal solutions adopted in Poland, but the conclusions may also apply to the regulations of other European countries and even to the civil or criminal judiciary. Practical Implications: The paper presents the requirements provided in art. 6 sec. 1 ECHR in the context of restrictions of public hearing implemented to counteract the spread of the COVID-19 pandemic. It may be a basis for further studies of the problem or for assessing the solutions adopted in the member states of the Council of Europe. Originality/Value: Publications concerning modifications to procedural law in the context of the COVID-19 pandemic are not numerous in scientific literature. Due to the lack of analyses, the paper will contribute to the development of literature. [ABSTRACT FROM AUTHOR]

This study examines factors associated with public confidence in the Canadian criminal justice system. It further examines whether interaction with this legal authority leads to varying bases for this confidence. Using data from the 2009 Canadian General Social Survey, this study found that satisfaction with sentencing severity was among the least important sources of confidence. Instead, satisfaction with the extent to which the Canadian criminal justice system provides justice quickly and its ability to determine guilt were the most prominent bases for public confidence. Satisfaction with the extent to which the justice system helps victims and ensures a fair trial for accused persons were found to be intermediate sources of confidence. However, these factors' relative importance differed to some extent based on previous interactions with this legal authority. This study argues for a need to better inform the public on the workings of the Canadian criminal justice system. [ABSTRACT FROM AUTHOR]

The objective of this article is to analyze the constitutional antinomies in the application of precautionary measures and their impact on the right to Effective Judicial Protection in the Ecuadorian State. This was based on to verify and to explain the antinomies in jurisdictional matter of precautionary measures, to evaluate the impact on constitutional right to effective judicial protection. For this aim, it was used a hermeneutic methodology of documentary analysis, focused in constitutional sources content and the review of various jurisprudence. Among the conclusions, is relevant to understand that it is possible the presence of antinomies in the matter of precautionary measures, and these have a great impact on effective judicial protection, specifically in its enforcement dimension. [ABSTRACT FROM AUTHOR]