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Since colonial times, migration has remained one of the most contentious issues in Assam, a frontier state (province) in northeast India. Illegal migration in the post-colonial period continues to have an enormous bearing on the issue of citizenship in the state. As political negotiations falter in reaching an amicable resolution, the ongoing debate surrounding migration and citizenship has compelled the judiciary to take a decisive role in determining who qualifies as a citizen versus who may be considered a foreigner. We refer to this process as “adjudicated citizenship”. This article deals with the process of adjudication over citizenship by investigating and analysing select judgements of the judiciary at different levels. The article argues that these judgements have brought fresh debates, insights, and contestations over the idea of citizenship and the institutional mechanisms in determining citizenship. [ABSTRACT FROM AUTHOR]

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]

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 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]

It is noted that the concept of the presumption of innocence is a fundamental element of the modern legal system and a key principle of criminal law. According to this principle, every individual is considered innocent of committing an offense until their guilt is established in accordance with the law and confirmed by a court verdict. This principle serves a dual function: on the one hand, it ensures the protection of the rights of the accused, and on the other hand, it serves as a mechanism to deter potential abuses by state authorities. Thus, the presumption of innocence contributes to ensuring the fairness of the judicial process and strengthens public confidence in the le gal system as a whole. The article is devoted to the study of specific issues of the principle of presumption of innocence in the context of international criminal law. The author examines its enshrinement in international legal documents and application in the practice of international judi cial institutions. The paper analyzes certain aspects of the presumption of innocence, including its interpretation by the European Court of Human Rights as a fundamental principle of justice and a specific right of the accused. Particular attention is paid to the consideration of the presumption of innocence as an objective legal provision, rather than a subjective opinion of the partic ipants in the process. The author explores the differences in the formulation of the principle of presumption of innocence in various international documents and their impact on the procedures for applying and refuting this principle. Key decisions of the European Court of Human Rights that interpret and apply the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are examined. The author emphasizes the importance of this principle as a guarantor of fairness and objectivity in international criminal justice. The work contains a review of scientific sources, demonstrating the complexity and multifaceted nature of the issue of presumption of innocence in international law. Based on the analysis conducted, there is a need for further research and adaptation of this principle to ensure its effectiveness in the context of the development of international criminal justice. [ABSTRACT FROM AUTHOR]

The article under studies analyzes the legal nature of disputes in the field of social protection, as well as outlines their peculiarities and mechanisms of resolution. It points out that the modernization of the system of social security is indispensably related to the modernization of the model of protection of the right to social security. Particular emphasis has been laid on an increase in the proportion of disputes regarding the protection of social human rights, which has been stipulated by a number of objective factors. There is an urgent need for effective protection of the right to social protection under martial law, which leads to an increase in both the number of various types of social security ensured by the State and the number of their eligible recipients. Undoubtedly, the model for resolving such disputes requires certain modernization, in particular, with due regard to the recommendations of European institutions. As a result, it should ensure access to justice and guarantee an effective mechanism for restoring violated (disputed) social rights. The right to a fair trial is enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, thereby guaranteeing the right of everyone to a fair and public hearing within a reasonable time by an independent and impartial tribunal. The article substantiates the fact that disputes in the field of social protection have a special subject composition, where, on the one hand, there is a subject of authority, and, on the other hand, an individual whose subjective right has been violated (or not granted). This is a private right of a person to receive a particular type of material support or social service. Consequently, a dispute in the field of social protection has a dual legal nature -- on the one hand, it is based on the public and private interests of a subject authority, and, on the other hand, on the private interest of an individual. The article emphasizes that the rule of law should become the defining principle in the process of resolving disputes in the field of social security. This will provide for judicial protection of social rights, access to justice, and fairness of social dispute resolution. Access to justice is an important condition for ensuring the protection of social human rights. In addition, the article justifies the expediency of exempting certain categories of the population, who find themselves in difficult socially significant circumstances (families with children, low-income families, homeless minors, single persons in the absence of persons legally obliged to support them, homeless persons), from paying court fees in cases involving violation of their social rights. It points out that the formation of a system of specialized social courts in Ukraine at this stage seems premature and unreasonable, since it may lead to difficulties in determining the jurisdiction of a dispute and to discrepancies in the resolution of disputes by different courts. There is also a lack of necessary financial and material maintenance for the operation of social courts, training of qualified judges, etc. The article identifies the basic peculiarities of disputes in the field of social protection in the following way: a special dual legal nature of the dispute; clear definition of the procedure for resolving within the framework of administrative proceedings; simplified procedure for consideration; application of the mechanism of immediate enforcement of a court decision in the course of hear ing of certain categories of cases. [ABSTRACT FROM AUTHOR]

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author's opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings. [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]

This article analyzes the reform process of Ukraine's law enforcement system in the context of ensuring human rights and aligning it with European standards. The reform of the law enforcement agencies, including the National Police, the Security Service of Ukraine, the prosecutor's offices, and other specially created law enforcement bodies, is one of the key challenges on Ukraine's path to democratic transformation and European integration. The focus is on the necessity of adhering to the principles of legality, proportionality, transparency, and accountability in the activities of law enforcement agencies, which are crucial for protecting the rights and freedoms of citizens and restoring public trust in the justice system. The article emphasizes that reforming these structures requires not only technical changes but also a profound shift in the culture of human rights observance. The article also discusses the right to a fair trial and the need to strengthen judicial independence and professionalism, which are essential for impartial case consideration and adherence to the right to a fair trial. The reform must integrate measures to enhance the independence of judges and ensure their appropriate professional level and moral resilience. Furthermore, the article analyzes international legal instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as fundamental bases for reforming law enforcement agencies in many countries. The study also highlights the importance of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which outline the international standards for the use of force and firearms. The article concludes that the successful reform of Ukraine's law enforcement system requires a comprehensive approach that incorporates institutional and cultural changes. The experience of European countries, such as Poland and Lithuania, demonstrates the necessity of extensive retraining of law enforcement personnel with a focus on human rights and the development of civic culture. [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]

The author of the article has substantiated the relevance and necessity of further in-depth scientific research of the content and significance of the principle of publicity and transparency in civil judiciary of Ukraine. The author has studied the problem of correlation of the categories of "transparency", "visibility" and "publicity" when revealing the content of the principle of publicity and transparency in civil judiciary of Ukraine. It has been emphasized that the changes that had recently taken place in the economy, politics and law of Ukraine affect the development of the doctrine of legal principles, in particular, the development of the theory of principles of civil procedural law. The author of this work argues the thesis that the specified basis should be currently considered as two main requirements for the court, which has to be indicated in the title of this principle - the principle of publicity and transparency in civil legal proceedings of Ukraine. This conclusion, as it has been already noted, is particularly confirmed by the updated civil procedural legislation. Taking into account the national civil procedural legislation, the provisions of international legal acts, the ECHR case-law, one can make a conclusion that the substantive provisions of the principle of publicity and transparency of civil legal proceedings should contribute to the tasks of the judiciary, directly to a fair trial, whose guaranteeing is one of the fundamental principles of a democratic society in terms of the Convention (paragraph 56 of the ECHR judgment of 10 December 2009 in the case of "Shagin v. Ukraine", paragraph 79 of the ECHR judgment of 4 December 2008 in the case of "Belashev v. Russia"). A mandatory component of the principle of publicity and transparency of civil legal proceedings is its openness, since the refusal of the national authorities to inform the applicant about the date and time of the hearing in this case was considered as a violation of publicity of the trial (paragraph 40 of the ECHR judgment of 8 November 2005 in the case of "Strizhak against Ukraine"). The author of the article has proved that the implementation of the principle of publicity and transparency of civil judiciary takes place, on the one hand, by achieving the tasks and purpose of civil legal proceedings, and on the other, by implementing the right to a fair trial and one of its components - the right to access to justice. [ABSTRACT FROM AUTHOR]

There is one community in the so-called civilized population, anywhere in the world, who are treated disproportionately in terms of their property, rights, language, culture and habitat. One aspect of the indigenous communities is often not brought out in the discussions. That is, they are the most sustainable communities on earth. More than 20 million people in the world are displaced annually due to various crises and the majority of them are indigenous communities. Their rights are not respected, their voices are not heard and their cultures are often discounted. These treatments are widespread. In discussions about the treatment they face, human rights and justice are closely related, as human rights are the foundation of a just society, and justice is a fundamental building block of sustainable peace. Human rights are the same for everyone, regardless of background, location, or beliefs. They include the right to life, freedom of speech, freedom of religion, and the right to a fair trial. This article brings out at the end a summary of the struggle the Sami tribes are facing in Sweden and Noway. In the next part of this article, we will see that such treatments, even worse, are prevalent all over the world.. [ABSTRACT FROM AUTHOR]

This paper explores the role of Intercept Interpreters/Translators (IITs) in law enforcement communication surveillance efforts. It focuses on the production and reliability of Translated Intercept Records (TIR), which are comprehensive written records in the target language that may be produced for intelligence purposes or for use in court as Translated Intercept Evidence (TIE). The paper underscores the critical importance of reliable TIR for both evidentiary use and operational decision-making. The authors emphasise the need to establish minimal standards in the quest for reliability and dispel the misconception that literal translations fulfil evidentiary requirements. The standards proposed in this paper aim to minimise interpretation errors to enhance the overall effectiveness of investigations and safeguard the interests of justice. The paper concludes by highlighting the need to align judicial expectations with sound translation practices. [ABSTRACT FROM AUTHOR]

No matter how devotedly the courts strive for perfection, it is bound in some degree to elude them. The perfect trial probably is yet to be held. Therefore, an appeal by an inevitable process of intellectual distillation reduces the points under review to a question of whether the flaws in the record are of sufficient moment to mark the trial as unfair. In the last analysis, the final measure of error in a criminal case should be: Was the defendant afforded, not a perfect but, rather, a fair trial?--for the constitution guarantees no one a perfect trial. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary 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 purpose of the article is to determine whether the guarantees of Article 6 of the ECHR in the form of the right to a fair criminal trial are available in juvenile proceedings, including in the welfare model. In addition, the goal was to examine what impact international standards have had on Polish law in this regard. The article uses the formal-dogmatic method and, to a limited extent, the legal-comparative method. The article shows that the right to a fair criminal trial guaranteed by Article 6 of the ECHR also applies in juvenile proceedings. Even in legislatures that adopt a welfare model, if the Engel test leads to the conclusion that the case is criminal in nature, the guarantees apply. The impact of Article 6 of the ECHR on the criminal law of individual countries is shown on the example of Polish legislation, presenting changes in Polish law as a consequence of ECtHR judgments.

The right to a fair trial has become a right of a universal nature. The idea of human rights is closely related to universal and equal treatment of all people, which means respecting the personal dignity of man. This dignity, as a condition for the individual to belong to the human species, constitutes the foundation, the basis for human rights, and the purpose, the culmination of the construction of these rights. The right to a fair trial is a subjective right of the individual, understood as an idea that any intervention in civil rights must depend on a ruling issued by an independent and impartial judicial body. On the other hand, the material scope of the right to court covers penal, civil and administrative rights decided upon by different courts according to their statutorily determined extent of jurisdiction. Although human rights are the rights of a particular human being, their protection is also an obligation of the State. It is the State which is obligated to ensure that the core of a specific human right is protected. This protection must be effective, thus not only does it apply to the content of the human right concerned, but it also comprises the procedure necessary to protect it so that the right is not illusory. The unique nature of the right to court makes it essential that the administration of justice in accordance with the principle of the right to a fair trial should be the subject of adjudication by courts and tribunals.

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]

Copyright of Revista Brasileira de Direito Processual Penal is the property of Instituto Brasileiro de Direito Processual Penal 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 Revista Brasileira de Direito Processual Penal is the property of Instituto Brasileiro de Direito Processual Penal 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 case law report (January-June 2024) discusses six cases before the European Court of Human Rights (hereinafter: ECtHR) and one case before the European Committee of Social Rights (hereinafter: ECSR). 1 The first case (O.R. v. Greece) concerned the lack of protection of an unaccompanied minor seeking international protection by the Greek government, in violation of the prohibition of torture in Article 3 ECHR. The second and fourth cases concerned possible violations of the right to a fair trial under Article 6 ECHR (Bernotas v. Lithuania and Đurić v. Serbia), the applicant complained about the unfairness of the administrative and judicial review procedures. The third case, Shylina v. Ukraine, concerned the question of whether the obligation for a payment of social security benefits to a specific bank account at the Ukrainian State Bank violated the right to property under Article 1 Additional Protocol ECHR (hereinafter: AP ECHR). The case of Diaconeasa v. Romania concerned the withdrawal of support for a physically disabled person. The last case before the ECtHR that will be discussed in this case law report is B.T. v. Russia. In this case, the Court had to review the difference in treatment between men and women with regard to parental leave for police officers in the light of the prohibition of discrimination under Article 14 ECHR. This case law report only discusses one case before the ECSR. In collective complaint 187/2019, the ECSR had to review the reduction of survivor's benefits in Italy in the event of cumulation with other income with several provisions of the European Social Charter. [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.)

This article explores the role of ideal theory in non-ideal circumstances and its importance in guiding long-term institutional reform and evaluating deviations from perfect justice. While some critics argue that ideal theory is irrelevant in non-ideal conditions, the author contends that it serves a third role in a fairness model that limits choices between feasible institutional arrangements. Ideal theory is crucial in preventing excessive demands on individuals and ensuring that basic rights, liberties, and opportunities are not denied. The article also addresses objections to the fairness role of ideal theory and examines its significance in comparative and urgent assessments. The text emphasizes the concept of the ideal-theory constraint in political philosophy, particularly in relation to justice and fairness. This constraint states that just institutions can only restrict someone's basic liberties or opportunities if that person uses those goods to deny others their rights or liberties. The text further explores the application of the ideal-theory constraint to specific areas, such as freedom of expression and affirmative action. It argues that ideal theory is necessary for comparing different societal arrangements in terms of justice and fairness. However, critics argue that the fairness requirement may be too lenient or too demanding in non-ideal conditions. The article concludes that ideal theory still has a significant role to play in non-ideal theorizing and should not be disregarded. The author suggests that ideal theory can be adapted to suit the specific society it is applied to, allowing for adequate compliance. [Extracted from the article]

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.)

Inequality in youth justice is a pressing global issue, with certain groups of children being disproportionately represented in youth prisons and detention centers. Research shows that racial and ethnic minorities, children from low socioeconomic backgrounds, children with disabilities, and boys are overrepresented in youth justice systems. This inequality is fueled by disparities in law enforcement and decision-making practices. The principle of non-discrimination under the UN Convention on the Rights of the Child calls for equal access to rights for all children, but the reality is that marginalized children often struggle to exercise their fair trial rights and face negative consequences. There is an urgent need for data collection, research, and a comprehensive global strategy to address and tackle inequalities in youth justice practices. [Extracted from the article]

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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]

Corruption is a serious threat to the stability and security of societies, undermining institutions and democratic values, ethical principles, and justice, as well as sustainable development and the rule of law. It manifests itself in many ways and in a multitude of contexts, affecting almost all human rights, including economic and social rights (i.e., the right to work, the right to food, the right to housing, the right to health, the right to education, the right to public services, the right to development), as well as civil and political rights (i.e., the right to equality and non-discrimination, the right to political participation, the right to an effective remedy and to a fair trial). In this perspective, starting from an examination of the direct and negative impact of corruption on the enjoyment of human rights (Section 1), the analysis that follows focuses on the obligations of States to respect, promote, and above all, protect human rights (i.e., take all necessary measures to ensure their full enjoyment) (Section 2), traces the ECtHR’s most incisive pronouncements on violations of individual guarantees in the context of corruption (Section 3), and highlights the crucial role of the Court’s case law in defining more effective, preventive, and punitive measures against corruption (Section 4). [ABSTRACT FROM AUTHOR]

This review essay discusses two books: Fairness and Rights in International Criminal Procedure by Sophie Rigney and Punishing Atrocities through a Fair Trial by Jonathan Hafetz. It discusses the methods used in each book, their conceptions of fairness, and what they see as the future of fairness in international criminal law. The review argues that when the two books are read together they show how far fairness has come, where it is now, and where fairness is headed in the future. [ABSTRACT FROM AUTHOR]

How do domestic trials addressing wartime violence affect public opinion of government? The legitimation functions of national courts are well studied in liberal democracies, but less is known about the effects of trials that address abuses committed during large-scale conflict. This article investigates how the extent to which such trials achieve procedural justice (fairness in process) and retributive justice (allocation of punishment) affects perceptions of political legitimacy. I provide survey-experimental evidence from post-conflict El Salvador that leverages the repeal of a longstanding amnesty law. Although a trial in general improves citizen evaluations of state competence, fairness and punishment serve crucial – and distinct – legitimation functions. Procedural fairness significantly increased citizens' willingness to comply with state authorities, regardless of trial outcome. Yet, an un fair trial, when coupled with punishment, bolstered trust in politicians and the judiciary. This suggests a trade-off between public preferences for fairness and an 'iron fist' approach to violence. The findings reveal the limits of procedural justice in a post-conflict environment and furnish new insights on the multifaceted functions of human rights trials. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale 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.)

The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept of fast-track arbitration with simplified procedures and fast conduct of the process emerged. This study will present a legal analysis of fast-track arbitration, advantages and disadvantages of expedited arbitration, will emphasize the distinctive properties of expedited arbitration, taking into account provisions in comparative law. Here, the perspective and general principles of expedited arbitration regulated by arbitral institutions in Europe, America and Asia will be explained in detail. Finally, the relationship between the general principles of arbitration and the suitability of fast-track arbitration to those principles will be assessed. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies 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.)

The article examines the issue of the prosecutor ensuring the legality of the grounds and conditions for stopping the pre-trial investigation. Problematic issues have been analyzed and ways to solve them have been proposed regarding the practical application of legislation regulating the suspension of pre-trial investigation. It has been established that, in general, the prosecutor's enforcement of legality during the suspension of the pre-trial investigation is manifested in the verification of the legality of the grounds and conditions of such suspension. It was established that the main legal consequence of the decision to stop the pre-trial investigation is the interruption of the calculation of the terms of the pre-trial investigation. It was concluded that the prosecutor's ensuring the legality of the grounds for stopping the pre-trial investigation is related to ensuring the principle of reasonableness of terms in the criminal process. It has been established that during the suspension of the pre-trial investigation, its actual term of two months specified by law can be significantly «stretched», which can lead to the violation of the right to a fair trial in terms of the violation of the right to a reasonable period of proceedings, as well as to the loss of the effectiveness of criminal proceedings. It was noted that the implementation of procedural actions and the use of measures to support investigators and inquirers during the suspension of the pre-trial investigation contradict the implementation of the principle of legality, and indicate the groundlessness of the suspension of the pre-trial investigation. Attention has been drawn to the fact that in the case of carrying out the specified actions and measures during the suspended proceedings, the defense party, in particular the suspect, during this period lose the opportunity to fully exercise their criminal procedural rights, that is, they cannot fully exercise their defense. It is proposed to supplement the national criminal procedural legislation with the rule that during the suspension of the pre-trial investigation after notification of the suspect, it is prohibited to carry out not only investigative (search) actions, but also measures to ensure criminal proceedings and other procedural actions aimed at demanding and obtaining evidence, i.e. all procedural methods of exposing the person who was notified of the suspicion. [ABSTRACT FROM AUTHOR]

Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica 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 Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National 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 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.)

When an offense is committed by unknown persons one of the biggest tasks for investigating agencies is to find the real culprits through different techniques. Identification is the most important part of criminal law, as it identifies any person or thing. An identification parade is used to find out a person who is unknown and involved in any criminal activity. This procedure is used all over the world to identify the real offender of a crime. In Pakistan, this is widely used to identify the criminals. To provide justice and equality in a society, following the proper laws and upgrading them according to the modern period is highly important. It is highlighted in this paper, whether these methods are adequate in this modern era when the offender uses the latest technologies and gadgets while committing the offense. This research paper will focus on pre-identification methods such as digital line-up, photographic identification, geofencing, and video identification and post-identification methods including IRIS scan, DNA, fingerprint comparison, and facial recognition technology have enhanced the reliability of the identification and their reliability, effectiveness, and potential for improving justice outcomes and what types of amendments are required in statutes to make them more efficient. [ABSTRACT FROM AUTHOR]

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]

One of the major challenges of online arbitration in recent years, has been that some companies and traders have abused their superior economic position (especially in e-commerce field) against the weaker parties to the contract; for instance, they have attempted to insert some unfair terms in the contract without clear notification to other party, or they have excessively approached to such tribunals, so that, strengthened the assumption of colluding and influencing managers and arbitrator working in those tribunals. These problems have raised some concerns and questions in the minds of policymakers and jurists about role of government in balancing power between litigants, as well as the philosophy and principles of monitoring the performance of online arbitration tribunals. The present article, beside describing these unfair terms and unbalanced conditions between disputed parties; analyzing the legal and judicial procedure of pioneer countries in the field of ODR (US and EU) and examining the local law of Iran; attempts, for the purpose of providing effective support for the weaker parties, to submit some useful and practical recommendations, by taking into account of principle of fair trial, goals of e-Government and also the principles of transparency and participation as the main principles of good governance. [ABSTRACT FROM AUTHOR]

The impartiality of justice is an essential component of the status of judge and a requirement of utmost importance of the fair trial. The lack of impartiality is likely to affect in its substance also the principle of independence, a principle proclaimed at constitutional level as well, but also at the level of some important international documents. A judge who shows partiality cannot be considered as an independent magistrate. The European jurisprudence, as well as the national jurisprudence, evokes two components of impartiality: an objective one (objective impartiality) and a subjective one (subjective impartiality). The latter is also the most subtle and difficult to prove, as it is related to the inner powers of the judge. It can still be proven to the extent that it is shown through significant manifestations that raise suspicions about the impartiality of the judge. That is why, in the jurisprudence of the ECHR it is made reference, judiciously, to a presumption of impartiality of the judge, which can be countered by a contrary evidence from the opposing side. The cases of incompatibility that can cause suspicions about the lack of impartiality of a judge are ruled in the two codes of procedure: civil and criminal. A big part of the practical assumptions that may arise can be found in the corresponding texts in our procedural codes. Life, however, is much more complex and sometimes puts the judge in the situation of making some interpretation efforts to determine whether or not in a specific case we are in a situation of violation of the principle of impartiality. The present study also offers us a perspective on some extremely complex situations, with a special resonance in jurisprudence. In this context, some of the most recent and significant decisions of the European Court of Human Rights are also presented. Some of these solutions force us to rethink some procedural institutions in the future in order to find effective remedies at the level of all jurisdictions, regardless of their nature, so that any suspicion regarding the independence and impartiality of judges can be removed through the procedural mechanism of recusal, but also of abstention. [ABSTRACT FROM AUTHOR]

This article explores the little-known need for the role of legal interpreters in the courtroom, particularly in criminal proceedings. This article, based on research in the professional literature, explores common misconceptions about the role of the legal translator, experienced by experienced professionals and likely experienced by many others in the courtroom. This article attempts to shed light on the complexities of legal translation and the challenges it faces in the criminal justice system. The article highlights important circumstances of the role of law, equality and justice can only be achieved if translations meet the highest standards. It also argues that safeguarding the integrity of the evidence and the defendant's right to a fair trial is accomplished by accurate translation. To achieve this, we use qualitative methods to tease out the full meaning of the topic through a scientific and insightful process. [ABSTRACT FROM AUTHOR]