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The article under studies deals with the new educational interdisciplinary method of approaching a legal proceeding (relational technology), which was first mentioned in the manual by Hermann Daubenspeck (1831–1915) “Referat, Votum und Urtheil: eine Anleitung fur praktische Juristen im Vorbereitungsdienst”. The first edition of the latter manual was published in Berlin, in 1884 by the publishing house Vahlen. It had 154 pages, whereas the last edition (along with changes and supplements, as well as continued by other editors) was released in 2013 and contained 514 pages. The objective of the article is to describe and critically analyze relational technology within the two major (according to Robert Alexy) forms of law enforcement – subsumption and balancing. The paper under discussion considers three issues: firstly, the prehistory and history of publishing H. Daubenspeck’s work, its structure and certain peculiarities. Particular emphasis is laid on the fact that relational technology has been in the judiciary since about 1500, and in the last 14 decades, it has been relevant in the Kaiser’s Germany, the Weimar Republic, during the National Socialist and postwar periods, as well as preserves its significance today, within the two-level legal education of Germany. Secondly, the article points out the philological and subsumption nature of H. Daubenspeck’s relational technology. To be more specific, it states that expert and judicial styles of considering the legal proceeding (as the methodological and substantive aspects of relational technology) are the possible ways of legal and logical analysis of the application of norms that are properly expressed in current legislation. Thirdly, the paper dwells on a deliberative potential of relational technology. It covers the problems that cannot be solved on the basis of subsumption, but by means of balancing the open legal norms. In conclusion, the article under studies claims that relational technology may be reciprocated in the legal educational practice of Ukraine (with appropriate adaptation and development, which are directly related to the main forms of law enforcement). Its best developed aspects rely on the logical structure of subsumption, whereby the fact is brought under the norm. On the other hand, this technology is not capable of answering numerous questions related to such a form of law enforcement as balancing. The development of the latter aspect can give new life to relational technology in both Germany and Ukraine.

Aim of the article: to conduct a legal analysis of a differentiated approach to the content and volume of special forensic medical knowledge in the competence of various subjects of legal proceedings for their effective implementation of the norms of criminal procedure and other legislation, as well as of the educational context, within which preparation for professional activities requiring a certain the scope of the relevant competencies is conducted. Conclusions. The article deals with the requirements for the competence in the field of forensic medicine of various subjects of legal proceedings. Expert consciousness (as an integral system of expert thinking, expert knowledge, expert intuition, etc.) is attributed to the special competence of medical persons professionally knowledgeable in the field of forensic medicine. The lawyers participating in the proceedings are assigned an integrating and coordinating role, which requires general competence in forensic medicine, in particular, awareness of the modern possibilities of forensic medical examination and other forms of procedural and non-procedural application of forensic medical knowledge. The specified differentiated approach to the scope of competences of various subjects of the legal process does not imply any consolidation, interchangeability, but directly stipulates the need for goal-setting cooperation within the framework of a strict separation of the procedural roles assigned to these subjects, the integrity of the system of expert consciousness with the separation from it of the minimum necessary elements of forensic medicine knowledge sufficient to implement the procedural role of the investigator and other procedural ones. The consequences of the gaps are predictably negative in the education of lawyers, in particular, investigators, prosecutors, advocates and judges, caused by the absence of the discipline “Forensic medicine” in the basic (compulsory) part of the federal state standard of higher professional education in the field of “Jurisprudence”. The formation of an effective model of cooperation seems to be of current interest between subjects of legal proceedings with considering the establishment of differentiated requirements for the volume and content of forensic medical competencies. The complex structure of forensic competences, qualification requirements for forensic medical experts, the peculiarities of the education of medical specialists - should be taken into account by the subjects of the investigation, the court when involving forensic experts and other doctors to participate in the proceedings. It is necessary to change the wording of Art. 178 of the Criminal Procedure Code of the Russian Federation: «with the participation of a forensic medical expert, and if one’s participation is impossible, - for a doctor» to the wording: «with the participation of a forensic medical expert, and if his participation is impossible, - for another doctor».

To the estimation of proofs in the administrative legal proceeding, usually, fragmentary establishing attention is spared, with the reflection of principles, fastened in the general theory of evidential right. After the update of legislation in the field of the administrative legal proceeding the process of finishing telling did not become the article of scientific searches. The purpose of the article is illumination of question of guaranteeing of estimation of proofs in the administrative legal proceeding, considering norm-setting, scientific theoretical, law enforcement approaches, and in comparing to legal regulation of this element of process of finishing telling in the legislation of post-Soviet states. The scientific novelty is related to solidity of institute of finishing telling for any judicial right and him by inter-branch character, that allows complex to probe every structural element of this difficult system after different vectors, in particular, and in a comparative context. Analyzing a concept and maintenance of estimation of proofs and its place in a structure finishing’s telling, which exist in the general theory of judicial right, theory of finishing telling; offered researchers in the field of the administrative legal proceeding; the rules of estimation of proofs are fastened in an administrative judicial law in force, and also other, related to the estimation, norms, taking into account own experience of judge persuasion, the author understanding of this element of process of finishing telling, which engulfs mental and practical activity of judge from establishment of signs of proofs and reason of conclusions in relation to their account or rejection in cases, is formulated. It is marked that often enough an estimation is not selected the judges of identical facts by unity in relation to perception their proofs, that is represented in court decisions. It needs determination of legal position of higher judicial instances. In this connection, the review of «sign» court decisions which the outlined vectors of estimation of those or other proofs are in is carried out. Except for that, because of importance of comparative researches of legal institutes considering their absence exactly in the study of questions of the legislative guaranteeing of estimation of proofs in the administrative legal proceeding, such analysis of legislative acts of countries is conducted with general post-Soviet the pas. Conclusions. Collect, that under the estimation of proofs of cramps in the administrative legal proceeding it is expedient to understand the element of process of finishing telling, maintenance of which is mentally practical activity of judge from consideration of every proof for the purpose the presence of signs of belonging, admission, authenticity, sufficient and interconnection of proofs, in their aggregate which is carried out in logical forms, within the limits of law and professional sense of justice, and the result of which is internal persuasion of judge in relation to an account or rejection. In a domestic law from the administrative legal proceeding an estimation is fastened, as an algorithm (model) of actions of judge, sign of court decision. Rule from the estimation of proofs reflected in legal positions of Supreme Court, here and there, and at issue. The comparative analysis of the legislative guaranteeing of estimation of proofs in the administrative legal proceeding certifies the high level of domestic norm-setting technique. Thus, Code of the administrative legal proceeding of Ukraine can be complemented separate specifying rules in this direction.

Legal proceedings are classified as legal proceedings between survivors and testamentary disposition depending on the moment of causing legal effects. It is like to have doubts as to whether an outcome of the legal proceeding is an outcome affecting survivors or it is a testamentary disposition. There are many differences between testamentary dispositions and legal proceedings between survivors, and the doctrine and court decisions mostly focus on the moment of the emergence of the outcomes of a legal proceeding. However, many other various criteria can be used to classify a legal proceeding. In addition, in certain cases, decision rendered by a judge may be relatively fair through isolation from these differences as a requirement of the substantial justice and favour testament principle. Therefore, as a priority, it is required to determine other differences of two legal proceedings (other than the difference of the moment at which outcomes arise) and review the approach of German and Swiss Federal Courts and Court of Cassation in connection with this matter.

7155 sayılı Kanun ile yeni bir ilamsız icra takip usulü düzenlenmiştir. Kanun’un amacı icra dairelerinin artan iş yükünü azaltmak, icra takiplerini daha ucuz, hızlı ve etkin bir şekilde yürütülmesini sağlamaktır. Bu itibarla, UYAP Portal ile entegre çalışan Merkezi Takip Sistemi(MTS) oluşturulmuş ve icra takiplerinin haciz aşamasına kadarki sürecin buradan yürütülmesi kararlaştırılmıştır. Dolayısıyla bu Kanun kapsamına giren alacaklar için alacaklı vekili tarafından icra dairesine başvurulduğu takdirde icra müdürü talebi derhal reddetmelidir.6502 sayılı TKHK ve diğer mevzuatlarda düzenlenen abonelik sözleşmeleri kapsamında, satıcı/sağlayıcı tarafından tüketiciye sağlanan mal veya hizmetin faturalandırılmış bedelinin tahsili için alacaklı avukatı MTS üzerinden takip talebini doldurup, gerekli harç ve giderleri ödeyerek icra takibini başlatacaktır. Sistem tarafından otomatik olarak ödeme emri düzenlenip, borçlunun bulunduğu yerdeki ilgili PTT’ye bildirilecektir. İcra takibi MTS üzerinden tamamlanamadığı takdirde, takibe icra dairesinden devam edilecektir. Associated with Law No. 7155, a new executive proceeding without a verdict has been regulated. The purpose of the Law is to reduce the increasing workload of enforcement offices and to ensure that exacutive proceedings are carried out more cheaply, quickly, and effectively. In this esteem, the Central Tracking System (MTS), which works integrated with the UYAP Portal, has been created and it has been decided to carry out the process of executive proceedings up to the foreclosure stage. Therefore, if the creditor's attorney applies to the debtenforcement office for the receivables within the scope of this Law, the executive director must immediately reject the request.Within the scope of the subscription agreements regulated in the TKHK numbered 6502 and other legislation, the creditor's lawyer will fill the follow-up request via MTS and start the executive proceedings by paying the necessary fees and expenses for the collection of the invoiced price of the goods or services provided to the consumer by the seller/supplier. A payment order will be automatically issued by the system and notified to the relevant PTT at the location of the debtor. If the executive proceedings cannot be completed via MTS, the follow-up will be continued from the debt enforcement office

In this paper, an automatic system is proposed to generate different kinds of questions and answers from the input text. Question answer generation systems have been an interesting field of research for over decades. From generating questions for educational purposes to preparing answers to questions that could be asked in a legal proceeding, the purpose of question answer generation(QAG) systems is to reduce the tedious task of going through large texts. In our system, question-answer pairs from a given input text are generated using linguistic and statistical knowledge of text. Initially, those sentences are identified from the input text on which questions can be framed and in further steps, identified sentences are ranked in an order of importance. Built specifically for assessment purpose, the system generates multiple choices, fill-ups, true-false, binary and wh type questions based on high ranked sentences in the last step. In performance evaluation of the proposed system, it is found that the system is performing well and it is close to state of art research in the standard linguistic approach.

This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice.

Problem of setting. Public government – it political practice of power which is carried out within the limits of the constitutionally political system and has a direct influence on all industries of life of socium is important. An effective public management in Ukraine must provide the state of stability, implementation of social obligations the states, deserving a condition for realization of congratulatory, financial, spiritual and social necessities of citizens; but him high-quality indexes far imperfect and characterized the plural of problems. Recent research and publications analysis. The questions of modernization and reforms of the system of state administration, constructions of the legal, social state, social and political processes are actively probed in the scientific mind of Ukraine, by the necessity of achievement of balance between the vital necessities of societies and interests of the state. Quite a bit Ukrainian scientists were engaged in researches of these questions - V. Kostytsky, І. Kostytska, O. Koban, A. Kovalenko, O. Batanov, I. Reznik, G. Chapala, M. Pukhtinskiy et al. Paper objective – ground of position, that a public management in Ukraine, which is carried out by public organs, local self-government, political parties and groups of political influence, must correlate with public resonance, to support the legitimity and answer to the innovative tendencies. Paper main body. A management in the public sphere of the state is very difficult professional activity, and foresees state and legal responsibility and account of public interests and expectations. However, disfunctions and destructions of public management can draw social and political instability, cutback of economic activity or regress, even weakening of sovereignty of the state. The criteria of political modernization matter very much for modern Ukraine: capacity of the political system for perception of innovations and mobilization of resources of power, structural and functional perfection of institutes of policy, powerful «social elevators» for equal access of people to imperious positions, effectiveness of principle of «equality all before a law». To Ukraine, as to the young state which passed by democratic transit, naturally peculiar strategy of reforms. Reformation is a not workaday situation for a country, it generates calls and problems. Among them most difficult is destructive of political power, what democratic development of country and becoming of civil institutes is braked through. Sociological researches rotined that a population considered: «The state must take more responsibility in providing of life of citizens» (68,6%). Stably negative is attitude of people toward a department judicial, which loses a «social capital» through inability to the just legal proceeding and mercenary political interests. In the end, unique reform 2014, that purchased positive social resonance is the process of decentralization the public power and strengthening of local self-government, which is mainly approved by citizens. Conclusions of the research. Problems of public management and collision of reforms are the sign of modern democracies which are modernized. The political system and public management can be effectively modernized at the maintainance of their integrity, institutional memory and, at the same time, harmonious relationships with a social environment.

In the context of this study, the authors narrow the concept of modern information technologies to artificial intelligence technologies (to a greater extent - strong artificial intelligence) to consider the prospects, threats and risks associated with the introduction of these technologies within the framework of Legal Tech system in legal processes. So the main issue becomes the conclusion that professional legal sphere in future may possibly exist as a combination of technological and human resources. Artificial intelligence is described not a the threat to professional lawyers’ activity but a the great tool for democratization of the whole system of professional legal help and also will minimize the routine component of the work of a particular lawyer, allowing him or her to concentrate on finding non-standard solutions within his or her specialization.

The incidence of medicolegal cases is on the rise in our country. Law influences every aspect of human activity and dentistry in this regard is no exception. Any medical case with legal implications where investigation by lawful agencies is necessary is called a MLC. It requires thorough examination of the subject by a team of medical experts, and detailed documentation is of utmost importance. Proper consent detailing the treatment outcome with associated complications should be done to avoid litigation. Nevertheless stabilising the patient and the life-saving procedures should remain the primary goal. The medical officer on duty should never delay in informing the police about the incident. The attending doctor should efficiently and fluently provide the report following guidelines laid by the ICMR DCI and the government. The complete management of MLC includes registration and reporting, examination and diagnosis, preparation of complete report, investigation and treatment and confirmed diagnosis prior to discharge along with issuing a medical and disability (if any) certificate. Negligence at any step of management can lead to legal proceeding against the involved team and the hospital. This chapter provides an overview of ethical standards, consent and its types, negligence and liabilities of dental practitioners.

Now a days the financial stability is a current concern for central bank and practitioners of our country. The economy and the banking sector stability of Bangladesh is utmost regarding issue. Especially in our country there are numerous number of banks are established. Now what is “bankruptcy”, it is a legal proceeding involving a person or business that is unable to repay outstanding debts. There are various model to predict the bankruptcy risk though here in this study has been used Altman Z-score (1995) revised model. In this research 21 banks are considered as sample where all are listed in Dhaka stock exchange (DSE). Basically from the findings of the study it is quite interesting that the non-conventional banks are in better position in on an average overall z- score performance during the time period of 2009 to 2016 and the findings suggest to take private commercial banks under strict supervision of the central bank of Bangladesh. This research study is focusing on z-score performance and predicting future financial distress position of banking sector and defining the riskiness of being bankrupt by proving it through hypothesis testing and marking the acceptance of Altman Z-score model.

Forensic psychology involves the application of the science of psychology into the law. Forensic psychologists are often called to conduct evaluations of individuals in a civil or criminal legal proceeding. Psychologists who practice forensic psychology utilize a multi-method assessment that includes clinical interviews, psychological testing, and review of medical records, legal documents, and collateral information. When court appointed or retained by counsel, forensic psychologists work within a psycho-legal and adversarial context where all aspects of the assessment are scrutinized at a very high level. The psychologist’s expertise is challenged by opposing counsel, and outcomes can come with direct consequences for the plaintiff or defendant. Court-related evaluations that involve criminal cases operate under legal jurisdiction, and psychologist-evaluators must be familiar with state laws and responsive to the specifics regarding forensic psychology practice as addressed in the standards of the Ethical Principals of Psychologists and Code of Conduct and Specialty Guidelines for Forensic Psychologists.

The paper will focus on the resolution frameworks of a sample of 12 countries taken from 6 regions. The review of the sample countries is used to analyze issues that may be relevant for other countries and to discuss potential challenges faced in implementing effective safeguards. The remainder of the paper is organized as follows: Section two discusses the rationale for significant powers given to the resolution authority under the key attributes and the far-reaching implications of these powers. Section three offers a brief overview of the safeguards that are incorporated in the key attributes, describes the rationale and intent of each safeguard and how to implement them to support an efficient bank resolution framework. Section four reviews the observed features of safeguards of current resolution regimes in 11 emerging and developing countries, and one country that developed into an advanced economy, to identify potential areas where implementing effective safeguards may require significant changes in various aspects of the local jurisprudence. Building upon the observations made in section four, section five aims to provide guidance for designing sound safeguards in bank resolution frameworks of emerging and developing countries. The paper ends with a section highlighting the key take-aways. This paper is a research note reflecting the authors’ review work and experiences and does not reflect in any way the views of the World Bank or IMF or their management or Boards.

PCB forensic science is the process of identifying the source(s) of polychlorinated biphenyls (PCBs) at a site in the context of a legal proceeding to aid in identifying the party(s) responsible for the cost of environmental remediation. The PCB forensic scientist should assemble and examine all the evidence and then develop opinions about sources, discharges, deposition, fate, transport, environmental impact, and other issues at dispute among the parties. PCBs are complex mixtures of compounds (Aroclors in USA) that can simultaneously reveal information about the source of the contamination, but also provide confounding and contradictory evidence. The issues are technically complex and the expert must systematically evaluate the facts, employ deep technical expertise, and use dispassionate judgment to provide expert opinions that assist the judge, jury, arbitrator, or allocator in rendering their decision as to the responsible party(s) or an apportionment of that responsibility. Different PCB products were used and disposed of that have characteristic congener mixture profiles. In the environment, these profiles can mix and weather over decades. Sampling and analysis can generate further uncertainties, notably the possible misidentification of Aroclors. The expert’s challenge is to present their opinions clearly and authoritatively without overrepresenting the facts and data. This paper focuses on PCB contamination of sediment in aqueous sediment and uses a case study to illustrate application of forensic principles.

Problem setting. Justice is the attribute of democratic power in the legal state, it by a necessary function and plays a substantial role in the recreation of the real law. The modern legal proceeding is acknowledged effective, if characterized not only realization directly of legal tasks but also achievement of social aims. The social role of department judicial, especially in Ukraine which aims to enter to the circle of the democratic European countries, needs proofs concerning its ability to incarnate the ideas of justice, principles of right and legality in life. Recent research and publications analysis. The problem analysis of department judicial is founded the classics of legal sociology, O. Kholms, R. Pound, J. Karbon'e, N. Luhmann, Dz. Frank, M. Foucault, B. Kistyakovskiy, M. Korkunov, P. Novgorodcev, L. Petrazhickiy, B. Chicherin, P. Sorokin; and later developed modern scientists K.Llewellyn , V. Kudryavcev, V. Kazimirchuk, V. Selivanov, V. Lapaeva, I. Ruschenko, I. Marochkinim but other. Paper objective. The primary objective of this article is to analyse in a sociological-legal paradigm a department judicial not only as part of the modern state system but also as a social and legal institute, with his elements, lines, functions; to rotin that him the public setting is effective realization of legal proceedings and proceeding in social justice. Paper main body.The sociological analysis of department judicial allows to combine the doctrine of sociological jurisprudence, school of legal realism and institutional approach; to apply the analysis of the systems for the estimation of social connections of court with other organs of power and civil society; to probe efficiency of the Ukrainian court by concrete sociological researches. Important enough a problem became of exposure of level of sense of justice of judges and degree of influence of political elites, legal communication, experts on the real functioning of department judicial in Ukraine. Grounded problem of department judicial as a «social institute» on the basis of structure of social action, infrastructure, functions and public legitimation. Opening of social mechanism of department judicial is carried out by establishment of intercommunication between the actions of court and sense of justice and conduct of citizens which is the participant of judicial legal relations.A trust to the judicial system in Ukraine remains at low level. It was led to by results sociological research, conducted in 2018 year on the order of Center of Democracy and Supremacy of Right (1000 persons are polled). Every tenth from polled considers only, that operating judges answer the position; and suggest to enter more transparent procedure from the selection of new judges. Consequently, in the modern scientific co-ordinates of problem of judicial sociology it follows more expressly to differentiate: it is accordance of expectations of society to the actual results of activity of court; an estimation of justice is in the aspect of observance of principle of «equality of citizens before a law»; sociological estimation of stereotypes of conduct of judges; etc.Conclusions of the research. Social efficiency of court consists in ability on the basis of law and moral to settle legal conflicts, that arising up in society; to be the instrument of social control, guarantor of stability and law and order, what to lift the social value of Right.

Due to the unbalanced and confrontational state-citizen relationship, China's urban redevelopment has been accompanied with continuous violent conflicts, which to a large extent damages the public image of Chinese government in recent years. This article first overviews the governance dilemma underlying China's violent demolition from the perspective of institutional arrangement, and then argues a collaborative approach can be a remedy for the dilemma. After the introduction and definition of collaborative governance, this article demonstrates its application in preventing violent demolition with the Caojiaxiang project in Chengdu as a case. It is found that collaborative governance is advantageous in enhancing the legitimacy of governance, increasing the potential to find effective solutions, and enhancing the trust between government and citizens. Despite the disadvantages of collaborative governance, including limited effect and the dependence on social capital, quality of stakeholders' interaction and leadership, this paper argues the success of Caojiaxiang project may be duplicated given the following institutional requirements are met: 1) an institutional procedure to establish and operate evictees' association in urban redevelopment projects; 2) an effective complaint system for the upper-level government to monitor the malpractice of lower-level government; and 3) an judicial system independent of local governments and legal proceeding over any illegal behavior in demolition.

In the article аn updated legislative approach to the institution of court costs is examined, taking into account the update of Code of the administrative legal proceeding of Ukraine. The novels and advantages of such a settlement are analyzed. The author's vision of the concept of court expenses, their signs, directions of improvement of this institute is covered. Attention is focused on gaps and collisions in the legislative settlement of court costs.

In the article author reflections are reflected in relation to the legislative fixing of varieties of administrative cases in Code of the administrative legal proceeding of Ukraine. It is indicated on the non-identity of concepts «category of the case» and «type of the case ». The use of the proper terminology turns is analyzed in Code of the administrative legal proceeding. Author vision of criteria of classification of administrative cases and directions of improvement of this institute is expressed in the administrative legal proceeding.

This article is devoted to entity reviewing and main directions of public prosecutor's supervision over activities of preliminary investigation officials for harm compensation caused by a crime during pre-judicial criminal cases. According to the author of this article one of the directions to support rights and legitimate people interests is to give property and physical harm compensation, moral harm compensation and business reputation compensation. This direction of preliminary investigation department activities is at least important than involvement of guilty persons to criminal responsibility for the purpose of recompense assignment. Role of an investigative authority chief, chief of inquiry subdivision, investigator, interrogator and employees of inquiry department in implementation of current legislation provisions regulating harm compensation, caused by a crime during pre-judicial criminal cases is described. The author shows examples of criminal cases which were sent by the prosecutor to additional investigation according to i.2 p.1 of Art. 221 of the Criminal Procedure Code of the Russian Federation. These cases were sent to additional investigation because of inadequate work of above-stated participants of criminal legal proceedings on ensuring harm compensation caused by penal act. The author describes some reasons which have negative impact on public prosecutor's supervision over criminal legal proceeding activities of participants for ensuring harm compensation caused by a crime. Conclusion shows that now public prosecutor's supervision over preliminary investigation activities is up to date. It has a great demand for creation of legal guarantees. These guarantees are very important for those who are the victims of criminal actions and they have all the rights for full-fledged harm compensation. Public prosecutor's supervision is an important feature for procedural prosecutors. It is directed to violation prevention in activities of preliminary investigation and inquiry departments for harm compensation caused by penal acts.

Przedmiotem rozważań są zagadnienia wychowawcze związane z rozpoznawaniem przez sąd spraw dotyczących konfliktów rodzinnych. Konflikty są nieodzownym elementem życia zbiorowego ludzi. Stwarzają jednak zagrożenie dla trwałości środowiska rodzinnego, kiedy relacje między jego członkami stają się zaburzone. W sytuacji niemożności uzyskania satysfakcjonującego porozumienia, obniżają poczucie zadowolenia z jakości tworzonego związku. Tym samym negatywnie wpływają na realizacje funkcji rodziny, zwłaszcza emocjonalnej i socjalizacyjnej. Dziecko w takim środowisku narażone jest na nieprawidłowy proces przystosowania społecznego. Zwłaszcza wtedy, gdy zostaje uwikłane w konflikt między rodzicami. W przestrzeni publicznej funkcjonuje wiele instytucji udzielających rodzinie pomocy w różnych sytuacjach kryzysowych. Kiedy ich pomoc okazuje się nieskuteczna i nie prowadzi do rozwiązania konfliktu w rodzinie, to wówczas zazwyczaj znajduje on swój epilog w sądzie. Rozstrzyganie sporów środkami prawnymi niekoniecznie musi prowadzić do zerwania więzi rodzinnych. Sąd dysponuje środkami i organami pomocniczymi, aby zahamować procesy dezintegracji, występujące w tym najważniejszym środowisku wychowawczym. Wystarczy wskazać na coraz powszechniejsze sięganie po instytucję mediacji w sprawach rodzinnych. Normowanie stosunków wewnątrzrodzinnych jest istotne z punktu widzenia potrzeb dziecka, jego rozwoju i wychowania w biologicznym środowisku., The subject of the considerations is problems pertaining to rearing, which are connected with legal proceedings in cases of family conflicts. Conflicts are an inescapable element of the life of people in groups. They do, however, present a threat to the stability of family environment when the relationships between members of the group are disturbed. In the situation of an impossibility of obtaining a satisfactory agreement, they decrease the sense of satisfaction with the quality of formed relationships. At the same time they negatively affect the fulfilling of the functions of the family, especially the emotional and socializing ones. The child remaining in such an environment is exposed to an improper process of social adjustment. It is particularly evident when the child becomes involved in conflicts between the parents. In the public sphere, a number of institutions function which provide help to families in various crisis situations. When their support turns out to be insufficient and does not lead to solving a conflict in the family, then habitually it ends at the court. Settling conflicts by way of legal means does not necessarily result in breaking family bonds. The court has at its disposal means and auxiliary organs to stop the disintegration processes which appear in this most significant rearing environment. It suffices to point to the more and more popular reaching for the institution of mediation in cases dealing with family. Normalizing relations within the family is vital from the viewpoint of a child’s needs, its development and rearing in the biological environment.

In the article the considered questions of disciplinary responsibility are for offence in a criminal process through the prism of it system problems of higher order, related at first to the defects of legal guarantees from illegal interference of performance power with activity of judicial, legal defects of disciplinary power, risks, related to them and others like that. The necessity of cardinal changes of this institute of legal responsibility is dictated the serious lacks of disciplinary practice, which are investigational in this publication, and conditioned: by the requests of society for efficiency of all branches of power, their real functionality, especially judicial and law-enforcement system; by the presence of legitimate foreign elements in the system of justice, what is constitute pre-conditions of «effective» control after the transmitters of department judicial by its establishment, change and stopping, due to wide disciplinary latitudes; by the natural necessity of providing of the real independence and independence of subjects of department judicial and subjects of criminal realization, which provide claim of supremacy of right in the criminal legal proceeding; by the substantial defects of financial and judicial legislation about disciplinary responsibility, and accordingly contradictory and unconverted practice which is not instrumental in claim of legal values. Conclusions are done about expedience of development of state doctrine of disciplinary justice. The basic canons of this doctrine must be ideas about: 1) legality, inevitability, reality, proportion, individuality of disciplinary responsibility, judicial form of its realization, is on principles of contention’s, presumption of ungainliness, providing of right, on defense, rights on an appeal, to equality of all participants of trial, impermissibility of abuse of judicial rights, and in.; 2) exceptionally a judicial order of decision of disciplinary disputes and plenary powers of administrative (disciplinary) courts is on application of extreme and general disciplinary penalties for substantial misconducts; 3) real limitation command administrative to the element in disciplinary productions; 4) codification of disciplinary legislation, by a result what new Code must become about the breaches of discipline; 5) development of the new independent field of law, legislation and science, – disciplinary right.

Compulsory care or not? Social workers’ discretionary reasoning when children need out-of-home care due to homicidal violence The aim of this article is to analyse social workers’ discretionary reasoning when children need immediate and long-term out-of-home care due to homicidal violence. In Sweden, children may be placed in out-of-home care without legal proceedings as a voluntary support measure even in serious cases of maltreatment, if the child’s custodians give their consent to such care. However, a formally given consent might be questioned if it is not regarded as adequate or enough to provide the child with the appropriate care. This article explores how Swedish social workers reason about their discretion to suggest a voluntary placement or compulsory care for children in these cases of serious violence, and some legal dilemmas in practice. The study is based on six qualitative group interviews with fourteen Swedish social workers from four municipalities. Two constructed vignettes were used in the interviews. The article highlights what arguments social workers use to justify compulsory care or a voluntary placement and how different legal arguments might be put forward. The article illustrates how social workers find it difficult to legally justify an immediate compulsory-care decision in these cases, yet most of them claim that they would, in time, initiate a legal proceeding and suggest compulsory care.

Generally speaking, the legal proceeding for embezzlement and bribery refers to the process, sequence, and form of activities carried out by judicial authorities with the participation of litigants and other participants in order to solve a criminal case of embezzlement and bribery. Such proceedings typically include case filing, investigation, prosecution, trial, and enforcement. While a case of embezzlement or bribery has its special features compared to other criminal cases (e.g., the investigation is mostly carried out by the people’s procuratorates, and technical investigation may be pursued in severe cases), the legal proceedings are largely the same.

English Abstract: This article focuses on a procedure that is nowadays the central door to criminal law in Israel - “Plea Bargains Facilitating Day” (“Moked”). It examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. Judicial conflict resolution (JCR) includes any activity by judges which aims to encourage an agreement between the parties to enable the closure of the legal case parties without the need of a full judicial procedure and the writing of reasoned judgment. In the criminal context, it includes judicial activity meant to influence the charges and the sentencing as stipulated within the plea agreement between the prosecution and the defense. To characterize the proceeding and gain an understanding of the judge’s role both in practice and in theory in this proceeding, we conducted quantitative and qualitative analyses on data collected from observations of 717 hearings in 704 criminal cases, in the Tel Aviv Magistrates Court on Moked days. Furthermore, we conducted a comparison of our findings with previous findings in the civil domain. The Moked days, as determined by law, are meant for the conduct of preliminary proceedings on indictments, with the aim of limiting the factual or legal dispute, in whole or in part. This is in order to obviate the need for the presentation of evidence and bring the matter to a conclusion during the preliminary proceeding. We found that the trial reduction goal was largely achieved, as less than 8% of the cases in the plea bargain hearings that we observed were transferred to the trial stage. The importance of this finding is the indication that the Moked days were not just the exclusive entryway to the criminal process, but in most cases also constituted the exit. We also found that on average, 5.55 (SD=3.62) hearings were required for disposing of a case and the average duration of a legal proceeding from indictment to closure was 548.55 (SD=323.17) days. Those figures are significantly higher than the figures from past years and may point out that the conduct of these proceedings did not necessarily achieve efficiency and simplification of the criminal process. We found that during the preliminary proceedings the judges function as gatekeepers and employ a variety of practices to exhaust that function, in order to obviate the need to conduct a further evidentiary proceeding in the case. In most of the hearings that we observed, the judges’ role was confined to managerial-bureaucratic decisions, mostly technical, intended to enable the parties to craft the terms of the plea bargain by themselves. Only in a small share of cases, the judges took an active role in promoting the plea bargain’s terms, mainly when the parties ran into difficulties agreeing by themselves. In a tiny fraction of the cases, their intervention was of a therapeutic nature or fulfilled some other social role. The judges’ interventionist activities to promote a plea bargain included promoting, both narrowly and broadly, litigotiation between the parties; forecasting the judicial outcome; negatively presenting the judicial process; using lawyer-client relations to promote agreement, using soft techniques, and enhancing the defendant’s motivation. These findings were compared to previous findings on the roles of judges in civil proceedings in the framework of the vanishing trial. Civil judges conduct a preliminary proceeding in only 30% of the cases, while 70% of the cases are closed without ever reaching the judge. Contrarily, in the criminal process, judges conduct all of the cases. We found that while civil judges were involved to a great extent in the cases they conducted, criminal judges were actively engaged in only 16.8% of the hearings we observed. In the remaining hearings, judges interventions were minimal, and their role confined to supervising the negotiations conducted outside the court. This article points to ways to close the gaps between the criminal and civil domains by promoting an active secretariat. Also discussed is the possibility of expanding a therapeutic and preventative approach in the framework of criminal judicial conflict resolution during the Moked days.

The present study makes an attempt to make comparison between China and Pakistan with reference to Competition law. The research aims to find out that whether or not the evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. As far as the methodology of this study is concerned, qualitative data analysis is used along with comparative legal method for analyzing “de lege lata” and “de lege ferenda” situation in scope of the solved topic. The study finds out that competition in Pakistan works same as China’s AML since both forbids actions that play their negative role in reducing the competition like market dominance in the market. Therefore, the act encourages agreements that confine and restrict market dominance. Furthermore, methods and policies are stated by the law with reference to review of enquiries, acquisitions, mergers, penalties’ imposition, leniency’s grant along with other aspects of law enforcement. The evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. The study concluded while contending that, however, AML in China and competition Act in Pakistan has provided both countries substantive and sound law, but there is need of strong and effective institutional implement which can provide a base for the evidences submitted by the companies during the course investigation to be substantially used in any other legal proceeding. Compliance is promoted by leniency through competition law along with incentives to prohibited arrangements. Qualitative research methodology has been applied to the following article.

This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court’s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character­ized by passive court. In continental tradition it also consequently indicates a weak state.

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.

V diplomski nalogi obravnavamo nasilje nad ženskami kot posledico nasilja v družini oziroma v partnerskem odnosu. Bistvo naloge je raziskati razkorak med obstoječo zakonodajo in prakso ter ugotoviti, kako je ženska kot žrtev zaščitena. Porajajo se nam vprašanja: ali je zakonodaja zasnovana tako, da nas lahko popolnoma zaščiti pred povzročitelji nasilja, ali je ustvarjena za beneficijo žrtve in ali obstajajo napake v postopkih, zaradi katerih lahko žrtev konča tragično. Obstaja veliko število aktov, katerih namen je zaščititi ženske pred nasiljem. V nalogi smo utemeljili najobsežnejši obstoječi mednarodni akt, ki določa oz. nalaga državam pogodbenicam obveznosti za preprečevanje nasilja nad ženskami, Istanbulsko konvencijo. Ta dokument si med drugim prizadeva spremeniti tako razmišljanje moških kot tudi žensk, ki še niso presegli močno zakoreninjenega prepričanja o neenakovrednem položaju spolov v družbi. Konvencija označuje nasilje nad ženskami kot kršitev človekovih pravic in predstavlja nov mejnik evropskih in zato tudi slovenskih standardov na področju nasilja nad ženskami. Da bi potrdili naše teoretične ugotovitve, smo v praktičnem delu naloge intervjuvala subjekta, ki sta neposredno povezana z nasiljem nad ženskami. Tako smo intervjuja opravili z žrtvijo nasilja, ki ima izkušnje tako s samim dejanjem nasilja kot tudi s celotnim pravnim postopkom, ki mu je sledil, ter z regijsko koordinatorko za obravnavo nasilja na centru za socialno delo. Zanimalo nas je, ali je medinstitucionalni pristop državnih organov in nevladnih institucij ključen za zmanjšanje nasilja, ali sodelovanje med organi deluje v praksi, ali je zakonodaja na področju nasilja nad ženskami v Sloveniji tako dorečena, da zagotavlja uspešno in urgentno reševanje postopkov, in ali je ženska kot žrtev nasilja v predkazenskem in kazenskem postopku popolnoma varna pred povzročiteljem. Vsak od sodelujočih ima v postopku ključno vlogo pri izidu in nenazadnje varnosti žrtve nasilja, pa naj bo to sama žrtev, policist, delavka centra za socialno delo, tožilec ali sodnik, saj ima lahko vsaka napaka, do katere pride v postopku, za žrtev tragične poledice. In this bachelor thesis we're going to discuss violence against women as a consequence of violence in a family or in a relationship. The main goal of this thesis is to research the gap between existing legislation and practice. We aim to answer questions such as: is the legislation created in a way that completely protects us from the perpetrators of violence is it created in a way that benefits the weaker side-the victim and are there errors in the system which can lead to a tragical end of the victims. There is a considerable number of acts and laws, which are created with the intention of protecting women from violence. In this thesis we discussed- to this day- the most sizable international act, which determines or imposes obligations on state parties, to prevent violence against women. That act is called the Istanbul Convention. One of the main aims of this act is to change the mindset of men and also women, who have a strongly rooted opinion on the unequal position of genders in society. This convention denotes violence against women as a violation of human rights and represents a new milestone of European and- consequently- Slovenian standards in this area. With the intention of confirming our theoretical conclusions, we dedicated the second part of the thesis to the practical findings. To get a realistic picture of the legal system and its effectiveness, we conducted interviews with the subjects who are an active part of the system. Therefore, we conducted interviews with: the victim of violence, who has experience with the workings of the legal system the police officer, who works in the field of domestic violence and abuse and the regional coordinator for dealing with violence at the center for social work. We wanted to know whether the interinstitutional approach of state authorities and non-governmental institutions is important for reducing violence and we wanted to clarify whether the cooperation between authorities actually works in practice. We also wanted to explore the efficiency of Slovenian legislation in the field of violence against woman: how successfully and urgently can they solve the procedures. The last thing we wanted to find out is if the victim is completely safe from the perpetrator during the pre-trial and criminal proceedings. Each subject in the system has a crucial role in the turn-out of the legal proceedings and consequently also the safety of the victim of violence. That is why it is important for everyone involved to avoid making mistakes in the procedures, since the alternative could result in a tragic end for the victim.

The study of laws and regulations in the Chinese State structure highlights their hybridity. This hybridity is a mixture of imperial law – whose legacy’s assessment is not without difficulties – and the incorporation of foreign structures, concepts and techniques in the Chinese legal system. Current Chinese laws and regulations are product of this dynamic evolution, which is characterized by their adaptability to new and modern legal requirements. As such, the civil law field represents, par excellence, the issues of modernizing the Chinese legal system and the first Chinese civil law code is one of the best examples. This study especially shows that this hybridity is a result of a pragmatic approach to law, which can be found in the civil trial. Civil trial is studied here from the perspective of civil law procedure and shows an ideal concept of justice, which cannot be reduced to the judge’s power of adjudication. The mobilization of different ways of dispute resolution in order to serve justice efficiency is part of the more global evolution of justice, which has become less and less contentious.Apart from presenting of a foreign legal and judicial culture, which is still not widely known in France, the aim of this study is to emphasize particularities of the Chinese legal system compared to the French one while searching for their potential points of convergence.; L’étude de la règle de droit en Chine dans le cadre étatique met en valeur une première forme de son hybridité. Qu’il s’agisse de la mixité constatée entre un héritage de droit impérial - assez difficilement évaluable -, et l’incorporation de structures, de concepts et de techniques de droit étranger dans le système juridique chinois, la règle de droit chinoise est le produit d’une dynamique évolutive marquée par l’adaptabilité du système juridique chinois aux nouvelles exigences contemporaines. À ce titre, la matière civile incarne par excellence les problématiques de la modernisation du système juridique chinois et l’adoption du tout premier Code civil de la RPC en est un parfait témoin. Plus particulièrement, il ressort de cette étude que cette mixité résulte d’une approche pragmatique du droit que l’on retrouve notamment dans le déroulement du procès civil. Abordé sous l’angle de la procédure civile, le procès chinois incarne un idéal de justice qui ne se réduit pas à l’activité juridictionnelle du juge. La mobilisation des différents modes de résolution des conflits au service d’une justice qui se veut efficace s’inscrit dans l’évolution, plus largement constatée, d’une justice de moins en moins contentieuse. Outre la présentation d’une culture juridique et judiciaire étrangère encore trop souvent méconnue des juristes français, la présente étude a pour objectif de mettre en valeur les particularités du système juridique chinois au regard du système français tout en recherchant, dans la mesure du possible, leurs possibles points de convergence.; 在国家法的层面研究中国的法律规则会让我们看到其中的混合性。一方面是难以[用今天的价值观]评价的帝制时期法律遗产，另一方面则是那些已经融入中国法律体系中的外国法律结构、概念和技术，中国法上的规则结合了这两种不同的因素，并成为法律体系不断适应时代要求的那种进化动力的产物。在此视角下，民法最完美地体现了中国法律体系现代化中呈现的问题意识，其中《民法总则》的颁布就是最好的见证。本研究尤其希望证明，中国法律的混合性与实用性相联，在民事诉讼中尤为明显。从民事诉讼来看，中国的诉讼所表现出的正义理念绝不仅限于法官的判决活动。以发展多样纠纷解决方式为正义效率服务的目标也最终来源于追求“无讼”的正义理想。除了给法国法学家介绍还不太知道的外国法律和司法文化以外，本研究的目的还有在与法国体系的对比中呈现中国法律体系的特点，并同时找到两者之间可能的相似之处.

Objective: To disseminate social technology for men aimed at preventing relationship violence developed by the Violence, Health and Quality of Life study group. Method: An experience report about action research aiming at the creation of social technology, based on Paulo Freire’s critical-liberating perspective. The target audience consisted of men who had undergone legal proceeding in the Justice Department for Peace in the Home in Salvador (BA). Results: Forty-four (44) men participated in the study. The social technology was organized in eight meetings, the first for presenting the group’s proposal and welcoming the participants, the last for evaluative purposes, and the other meetings were thematic with the purpose of encouraging reflection on daily life, aiming at creating and recreating male praxis from the experienced conflicts. Conclusion: Considering the possibility of replication in different scenarios, especially due to the low cost, the use of the technology will enable preventing marital violence resulting from resulting from changing male behavior domestic spaces.

In litigated cases, the suspected causes of cervical artery dissections (CADs) are a source of considerable debate among experts. In this study, we sought to examine the factors influencing court decisions and discover how Canadian tribunals analyzed and arbitrated conflicting expert opinions in CAD cases. Cases for this review were identified through searches of the Canadian CANLII database. First, the results of this study show that there is no standardized methodology to assist health care personnel in the processing and interpretation of data in individual cases of CAD. This leads to wide ranges of personal interpretations and opinions which may confuse tribunals. Of concern is the implication of treating physicians who may not have the objectivity to act as expert witnesses when one of their patients is engaged in a legal proceeding.

The Albanian Legislation on juveniles was compiled based on the basic principles that affirm the fundamental international acts. Therefore, it seems that the guarantee of the basic rights and freedom of the juveniles is in very satisfactory levels. Special attention was given to the importance of legal intervention in the legal system for the juveniles. The Criminal Code, as the most important corpus in the protection of the right of juveniles in the legal proceeding, was compiled in such a way as to regulate the phases through which a suspect juvenile of a delinquency goes. Considering the main problematics of this field, a range of procedural guarantees for the juveniles’ protection were agreed upon. This leads to the Albanian State creating a Codification of the Criminal Law on the Juveniles based on the basic principles of the Convention on the Protection of the Rights of the Child. All the new approaches of the new legislation, as well as the principles of the Convention regarding the procedural guarantee of the juveniles in the legal proceeding, will be treated in this article.