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This review of Peter Biro's The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies praises the book for bringing together an intellectually diverse group of scholars to discuss section 33 of the Canadian Charter of Rights and Freedoms, better known as the 'notwithstanding clause'. Despite heated disagreement, the diversity in methodologies and perspectives make this volume an ideal starting place to examine the normative considerations that are relevant to analyzing section 33. [ABSTRACT FROM AUTHOR]

This review of Peter Biro's The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies praises the book for bringing together an intellectually diverse group of scholars to discuss section 33 of the Canadian Charter of Rights and Freedoms, better known as the 'notwithstanding clause'. Despite heated disagreement, the diversity in methodologies and perspectives make this volume an ideal starting place to examine the normative considerations that are relevant to analyzing section 33. [ABSTRACT FROM AUTHOR]

The scientific study is devoted to the consideration of procedural law in ancient Rome during the reign of the kings. It is noted that scientific research is usually devoted to the problems of substantive law, both civil and family law, and procedural law and its institutions have been considered by legal scholars much less frequently. The article examines the governing bodies of the Roman State, namely, the People’s Assembly, the king (rex) and the Senate. It is noted that at any time the People's Assembly could remove the king from office, i.e. he cannot be called an absolute monarch. The king was a military commander, a priest, who dealt with the day-to-day management of the polis-state and acted as the supreme judge. The boundaries of the governing bodies of Ancient Rome, their competence and powers were established by custom. Customs were the first source of law in ancient Rome, which regulated relations within the family and community with the help of religious norms and social principles. Later, customs were recognised and enforced by the state. The collection of the most widespread and applied customs, the Laws of the XII Tables, was approved by the People's Assembly in 451–450 BC. The study describes the procedural order of consideration of civil and criminal cases. It is determined that the Roman criminal procedure concerned only the quirits, which constituted a small number of Roman citizens. The second group of the population was made up of commoners – plebs, the third group of the Roman population was clientis, and the fourth – slaves. The subjects and allies of Rome, a huge mass of slaves, whose number was many times higher than the number of Roman citizens, were subject to trial in a simplified manner, and slaves were generally subject to extrajudicial proceedings. The originality of the Roman procedural law of that time is examined, and it is concluded that it had many common general features with the legal process of the first, initial stage of the aristocratic republic, which is more fully and reliably known in science.

The judicial system during the Mughal Empire (1526-1858) has not been thoroughly researched in our country in terms of Islamic law. Inheriting the tradition of the Delhi Sultanate and continuing the common tradition in other civilizations, the Mughal judicial system reached its most systematic form and widest scope of application in the Indian subcontinent during the 17th century. During Emperor Akbar's reign, who is considered as the founder of the state, he abolished the office of vazir-i azam which was regarded as an excessively powerful and authoritative position and left the administration of administrative mechanism to a new system consisting of four separate deputy positions for finance, army, palace and religion. Comparable to grand mufti in Ottoman Empire, qadis serving under sadru's-sudur had a central role within Mughal judiciary. The kutval and fevcdar who did not have an exact equivalent in terms of duties in other civilizations, served as assistant officials. In some cases, fevcdars and kutvals also acted as qadis which was a unique practice in this region. This study aims to make some initial observations about the judicial system by focusing on the types and powers of courts during the Mughal period. Court of mazalim, court officials and assistants, as well as the punishments imposed during this period. It also seeks to compare Mughal practices with those of the Ottoman Empire where necessary. Also, as a new field, the tazir punishments given during this period will be exemplified especially using the travelogues of the time which are directly related to the customary law of the Mughals. In addition to punishments in parallel with those in the Ottoman Empire, tazir offenses unique to this region can also be identified. The methods used in carrying out severe penalties and death penalties given during this period such as politically motivated executions will also be emphasized. It is worth noting that one notable aspect is that there has not been an example found so far regarding the detection and punishment of adultery as one of the hadd punishments during Mughal rule. One of the criticisms directed at the period by the scholars of the Mughal era, Shah Waliullah pointed out this issue. Studying tazir punishments related to this period will contribute to uncovering actions requiring punishment and determining the method followed in solving societal problems in the Mughal society which ruled over India for more than three hundred years. The Mughal rulers showed great sensitivity in listening to and resolving issues brought before them by society. This approach has attracted the attention of numerous Western travelers. The courts presided over by the rulers within the framework of mazalim (injustice) courts will be addressed in this study. The issue of how cases among non-Muslims who outnumbered Muslims in terms of population throughout the entire Mughal era were resolved will also be discussed in this research. The evidential tools relied upon by the qadi (judge) when resolving cases have been reshaped within regional circumstances. For example, Hindus were asked to swear on a cow and this was considered valid evidence in court. The place and importance of al-Fatava’l-Hindiya prepared to facilitate the work of judges in legal cases will be evaluated in this context. Providing information about the literature that has been formed on this issue both in the West and in India and Pakistan is also one of the main objectives of this study. Examining the Mughal judicial system will contribute to revealing the influence of the Hanafi school of thought which was a widespread school of thought in the region during this period. In addition, such research will make a small contribution to the study of legal history in the Indian subcontinent. [ABSTRACT FROM AUTHOR]

In the modern legal system, legal structures play an important role in ensuring effective enforcement of both substantive and procedural law. That is why the author has selected an appropriate source (scientific and normative) base, and has formed the goal and objectives that fully reveal the subject matter of the study. The author emphasizes that substantive law regulates basic social relations by establishing the rights and obligations of subjects, while procedural law provides mechanisms for their actual implementation and protection. Legal constructions are a legal instrument which allows to organize legal provisions, ensuring their clarity, universality and unambiguous implementation. In addition, the author examines the internal construction of a legal provision and a legal prescription, and the correlation of these legal phenomena. The author emphasizes such an important characteristic of the legal construction of a legal provision as a genetic link, which is used to further form legal institutions, sub-branches and branches of substantive and procedural law. The article focuses on the analysis of the role of legal constructions of substantive and procedural rules of law in the process of law enforcement. The author separately considers the issues of their creation, application and impact on the efficiency of legal regulation. The author examines the interaction of substantive and procedural law through the prism of legal constructions of legal norms, which allows identifying key aspects of their systemic effect in the legal system. The work contains examples from the current legislation, in particular, the Civil, Civil Procedure Codes of Ukraine and other legal acts. The author examines the case law which demonstrates the practical value of the issue raised and the need for proper construction of legal provisions at the stage of law-making, which results in their further implementation. The author characterizes the impact of legal constructions on legal practice and their role in ensuring legal stability and predictability. Based on the study, the relevant conclusions were formed. [ABSTRACT FROM AUTHOR]

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review 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.)

People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law. [ABSTRACT FROM AUTHOR]

One of the most important functions of law is the resolution of disputes. However, legal means of dispute resolution, such as judicial settlement and arbitration, are often not chosen by the parties involved in international disputes. This can be explained by several reasons. In legal doctrine, it is a common view that parties avoid legal means due to the binding nature of the decisions rendered, yet this is far from the only reason why parties refuse these methods. In particular, one of the main reasons they avoid legal means is the uncertainty regarding whether the decision based on law will be equitable. There are many grounds for this, as legal norms contained in international legal documents, adopted several decades ago, may not correspond to modern realities. Therefore, the application of such norms can quite reasonably raise concerns among the parties about the potential for an inequitable decision based on them. In such cases, the method of ex aequo et bono may prove to be a practical tool for excluding the possibility of an inequitable decision based on legal norms. Contrary to popular misconception, the use of the ex aequo et bono method does not imply a complete rejection of legal norms. When applying this method, basic legal norms are often used to provide a legal foundation for decisions and to enhance their overall objectivity. However, in the application of the method ex aequo et bono, those legal norms that may lead to an inequitable decision are not applied. In this case, an equitable decision is often determined based on an analysis of the goals and principles of legal documents regulating the relevant issues, including an analysis of the document containing the legal norm whose application could have led to an inequitable decision. Thus, the ex aequo et bono method is a rather flexible peaceful means, combining valuable features of both equity and law. There is a deficit of information regarding the ex aequo et bono method in international legal documents. In particular, the lack of a clear definition, conditions, and rules for applying the ex aequo et bono method presents a significant obstacle to its extensive use in international practice. Therefore, appropriate lawmaking work should be undertaken in this area to fill legal gaps. The goal of the scientific article is to study the legal aspects of the ex aequo et bono method and identify the main problems negatively affecting the practice of its application. The results of the research showed the high practical value of the ex aequo et bono method in dispute resolution, especially in modern conditions when the use of flexible means is becoming increasingly relevant. The article aimed to condense, specify and expand legal knowledge about the ex aequo et bono method and may present significant scientific value for lawyers interested in judicial and arbitration practices; legal scholars; practicing judges and arbitrators; parties with unresolved disputes; as well as philosophers researching the relationship between equity and law. [ABSTRACT FROM AUTHOR]

Currently, access to justice is understood in a broader sense, not limited only to access to the Judiciary, but also to the pursuit of the concrete realization of a fair legal order. At least in part, the deficit in access to justice has been addressed by public policies of dejudicialization, which involve transferring certain acts and procedures to agents external to the Judiciary's structure. In this context, the article aims to examine the possibility of dejudicializing the early production of evidence. Based on considerations about the nature and purpose of this procedure, the text examines the nature of the right to evidence, the restrictions on this right, and the procedures which must be adopted by the agents responsible for its execution, evaluating the potential for its conduction outside of the legal courts. Following the juridical-dogmatic methodological approach, under the scope of "social scientific technology", and with a predominantly propositional bias, the article is based on normative, doctrinal, and jurisprudential inputs, drawn from national bibliographical research. The conclusion reached is that dejudicialization of this type of procedure is possible, while noting the need for legal precautions to avoid the suppression of rights and, ultimately, the restriction of access to justice. [ABSTRACT FROM AUTHOR]

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

Purpose: The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a need for constant change and reform of the law to ensure that it remains transparent, up-to-date and applicable to all means through which economic crime can be committed, South Africa lacks the necessary resources and attitudes to accomplish this essential goal. Design/methodology/approach: The approach used in this paper is purely qualitative using journal articles, textbooks, reports, periodicals, speeches and legislation as its basis. It is through a consolidation of this literature that this paper was formed. Findings: While South Africa's present system of asset forfeiture is producing some impressive results, the process still has vast room for improvement. There are key areas which this paper outlines for reform. However, the probability of improvement is relatively low owing to the levels of corruption, illicit activities and attitudes of mistrust within the South African society at large. Originality/value: The concept of asset forfeiture is not new to any international jurisdiction, let alone South Africa itself. However, this paper aims to give insight into the specific South African experience of this procedure and how it can possibly be improved within the specific context. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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.)

El presente comentario trata de analizar la STC 146/2023, sobre el recurso de inconstitucionalidad interpuesto por el Abogado del Estado, actuando en nombre del Presidente del Gobierno, para impugnar la Disposición Adicional Segunda de la Ley 1/2023. El Tribunal Constitucional, en su estudio del recurso, acude principalmente al artículo 149.1 CE, que define las competencias exclusivas del Estado, entre las que se encuentra la legislación procesal, área en el que la Comunidad de Madrid interviene al promulgar la disposición adicional impugnada. Finalmente, el Tribunal Constitucional resuelve el recurso sin apartarse de la jurisprudencia precedente, declarando inconstitucional la disposición adicional segunda objeto de estudio de este comentario al no corresponder a la Comunidad de Madrid ampliar los supuestos de aplicación de la legislación procesal general.

This article develops a theoretical framework on the propensity for risk applied to litigation. From this theoretical framework, it follows that the risk prone will initiate legal proceedings more than those averse to it; that when the risk prone are sued, their propensity to risk does not decrease in the face of low variability chance of loss in comparison with previous chances of loss of greater variability; and that furthermore, they generate greater legal expenses than people of other risk profiles. The aforementioned causes greater social losses on increasing the negative externalities of litigation due to the greater divergence between its private and social benefits. The latter shall be examined regarding the issues of permanent courts and the possibility of reaching agreements. [ABSTRACT FROM AUTHOR]

This paper looks at ways of speeding up domestic criminal proceedings. Both the Charter of Fundamental Rights of the European Union and the case law of the European Court of Human Rights in Strasbourg encourage Member States to ensure that their courts deliver judgments within a reasonable time. The present paper deals with the new Hungarian cooperation system, including the trial waiver and the preparatory session, which is a pre-trial meeting in the court phase. These have achieved significant results in speeding up and simplifying proceedings without limiting the rights of the accused and offer a genuine rule of law solution for efficient criminal proceedings, all while preventing unjustified delays in proceedings. Initial experience in practice has shown that these Hungarian legal instruments could serve as an excellent example for countries facing similar challenges in developing criminal politics and criminal justice policies. [ABSTRACT FROM AUTHOR]

Dit artikel bespreekt bestuurlijke kwetsbaarheid in het kader van het vreemdelingenrecht. In dit artikel staat de ongelijkwaardige procesverhouding tussen vreemdelingen en de overheid centraal. Het bestuursrechtelijke beginsel van ongelijkheidscompensatie is ook in het vreemdelingenrecht een uitgangspunt: in het recht moet de ongelijke procespositie tussen overheid en burger, of vreemdeling, worden gecompenseerd. De verdere digitalisering van het overheidshandelen, zowel in de bestuurlijke als in de gerechtelijke fase beïnvloedt de procespositie van de vreemdeling ten opzichte van de overheid. Dit artikel onderzoekt hoe het vreemdelingenprocesrecht de vreemdeling in staat stelt (of juist belemmert) zijn of haar rechten tegenover een overheidsinstantie uit te oefenen en deel te nemen aan het complexe verkeer tussen vreemdeling en overheid. Dragen procesrechtelijke normen bij aan de versteviging van de rechtspositie van de vreemdeling ten opzichte van het bestuur, of maken deze juist kwetsbaar? Abstract This article discusses administrative vulnerability within the context of immigration law. The focus of this article is the unequal procedural relationship between immigrants and the government. The Dutch administrative law principle of compensation for inequality is also a fundamental aspect of immigration law: the law must compensate for the unequal procedural position between the government and the immigrant. The further digitalization of government actions, both in administrative and judicial phases, affects the procedural position of the immigrant vis-à-vis the government. This article examines how immigration procedural law enables (or hinders) migrants in exercising their rights before a public authority and the complex interactions between them. Do these procedural legal norms contribute to strengthening the legal position of migrants before the government, or do they make them more vulnerable? Sleutelwoorden: ongelijkheidscompensatie; vreemdelingenrecht; migratierecht; bestuursprocesrecht; kwetsbaarheid

The classical civil law institutes, such as protection of real property rights, have withstood the test of time from Roman law to the present day. In case of violation of subjective real property rights, the injured party may file a claim for judicial protection. The paper presents five types of lawsuits aimed at providing judicial protection of real property rights: actio rei vindication, actio publiciana, actio negatoria, actio confessoria , and vindicatio pignoris. The regulation of these property claims in rem is analyzed by examining the relevant provisions of Serbian substantive law (the Basic Property Relations Act) and procedural law (the Civil Procedure Act). After pointing out to the traditional division of property lawsuits, the authors explain the rationale for providing judicial protection in these property claims. In terms of civil procedure, the authors focus on the claims for the return of property (repossession), which is most fully regulated in the Basic Property Relations Act. Notably, although the institute of repossession has essentially survived, there are some new tendencies which call into question the very concept of property rights and impose restrictions on the use of one's property. One of these tendencies (embodied in the principle of polidatiry) is the right to a home, established by the practice of the European Court of Human Rights and confirmed by the decisions of the Constitutional Court of the Republic of Serbia.

The paper addresses the issue, largely unexplored in comparative law, of the enforcement of constitutional court decisions. Through the study of four constitutional justice systems (Austria, Germany, Spain, and Italy), the paper attempts to answer numerous questions that arise when dealing with such an unusual topic in the study of constitutional justice: is there a general demand for the enforcement of the decisions of constitutional courts? If there are rules on the matter, how do they differ? What are the reasons for the differences in the regulations? Does the enforcement in constitutional proceedings differ from the model established by common procedural law? In an attempt to answer to these questions, the article analyzes the bodies involved in constitutional enforcement, the different ways in which enforcement is regulated and, finally, by systematizing the analysis carried out for each legal system, it identifies models of enforcement in the European constitutional procedural law. [ABSTRACT FROM AUTHOR]

Copyright of Revista Internacional CONSINTER de Direito is the property of JURUA EDITORIAL 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 Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review 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 da Faculdade de Direito da Uerj is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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 analyzes the concept of Parental Alienation Syndrome (PAS) and its use in the legal system of Uruguay. Although legal science validates this concept, there is no consensus in the medical sciences regarding its scientific rigor. In Uruguay, the Faculty of Psychology of the University of the Republic, the Institute of the Child and Adolescent, and the General Prosecutor's Office have declared that PAS is not scientifically validated. The article examines national jurisprudence and shows how some cases recognize the lack of scientific basis of PAS, while in other cases it is used as evidentiary argument. [Extracted from the article]

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Copyright of Lex Humana is the property of Lex Humana 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 Crítica de Relaciones de Trabajo, Laborum is the property of Ediciones Laborum S.L. 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 formulation of procedural law within the constitutional court is a crucial requirement, as stipulated by Article 24 C paragraph (6) of the 1945 Constitution of the Republic of Indonesia. While the Constitutional Court Procedural Law is outlined in Law No. 24 of 2003 on the Constitutional Court, it merely provides general points. Special aspects, aligned with individual case characteristics, are deferred to the Constitutional Court for independent regulation based on Article 86 and the Explanatory Note to Law No. 24 of 2003. However, this delegation is inappropriate as procedural law should be governed by Law-level regulations, not by Constitutional Court Regulations (PMK). To date, the Constitutional Court continues to produce the Procedural Law in the form of PMKs. This study employs a normative juridical research method, with a statutory and conceptual approach, and conducts analysis in a qualitative descriptive manner. This paper concludes, firstly, that the creation of procedural law within the constitutional court holds philosophical, juridical and sociological significance. Secondly, the drafting process of the constitutional court’s procedural law must adhere to the process of forming sound laws and regulations and contain materials in line with their level as prescribed in the legislation.

If the substantive truth, the actual situation in a war and post-war recovery based on the consequences of the war, is seemingly easy to determine in law, the judgments of international courts deciding on cases which occurred during the war do not attest to this. Substantive law is important, but procedural law is perhaps more significant with regard to rulings on war and post-war recovery. Only the highest degree of certainty is sufficient for a final and enforceable judgment. One of the key conditions for reaching a final and enforceable judgment is the consideration of the substantive and procedural conditions of proof, which is not possible without legal, relevant and legitimate evidence. This article argues that it should not be forgotten that in cases of legal proceedings against a certain military commander, the country whose armed forces they commanded is also always involved. If a member of a certain armed forces is legally convicted or acquitted, the country on whose behalf they acted as a military person in a military unit of that country is also legally convicted or acquitted. So, in international judicial proceedings, the implementation of procedural legislation and the will of legislators in war and post-war recovery has a different meaning from 'ordinary' criminality. War, as an extreme form of human violence which results in the biggest and most tragic events experienced by a country and its population, requires special forms of proving the consequences of war actions. The International Humanitarian Fact-Finding Commission should perhaps play a much greater role in this than it currently does. [ABSTRACT FROM AUTHOR]

The Constitutional Court is given the authority to regulate its own procedural law in the form of Constitutional Court regulations. Because the Constitutional Court has the authority to make its own procedural law, it is not uncommon for procedural laws to change. This is different from other procedural laws which are in the form of laws, for example criminal procedural law, civil procedural law, state administrative judicial procedural law, and religious judicial procedural law. The aim of this research is to provide ideas on how procedural law can be effectively used in trials at the Constitutional Court. The method used in this research is normative research, as a consequence of prescriptive and applied legal research. The data used is secondary data. The findings in this research recommend that procedural law be made into law. Research like this is very important so that possible deficiencies in the rules related to procedural law can be overcome so that the pursuit of justice can be more certain. [ABSTRACT FROM AUTHOR]

Background: The legal institution that delimits the powers of judicial bodies to resolve legal cases is the general jurisdiction. This interbranch institution which incorporates legal norms of several branches of procedural law that interact with one another. Within this jurisdiction, different types of competences exist, including alternative general competence and contractual general competence. This article aims to highlight the particularities of these types of general competence, starting from the alternative procedural right regulated in the legislation of both the Republic of Moldova and Romania. Methods: The results were obtained through applying various knowledge methods: synthesis, analysis, and comparison. The latter was particularly instrumental in highlighting the regulatory framework of alternative and contractual general jurisdiction in both the Republic of Moldova and Romania. This involved exploring the arguments that these jurisdiction types in the alternative procedural right, identifying the limits and conditions governing their exercise, and examining specifics of their regulation in each country. Additionally, the principles governing alternative and contractual general jurisdiction were also highlighted. Results and Conclusions: This article successfully distinguished between alternative general jurisdiction and contractual general jurisdiction, recognising them as two distinct types of general jurisdiction. This inability to recognise their difference has led to confusion and incorrect application in the judicial practice of the rules regarding the general competence of judicial bodies. The particularities of exercising the right to choose the jurisdictional body were highlighted both under the regulations regarding the alternative general competence and the contractual one. Finally, the study concludes with recommendations to ensure the correct application of these types of general competence in practice. It has been argued that the right to choose the jurisdictional body by virtue of general alternative and contractual jurisdiction constitutes a procedural right, not a substantive one. Proposals have also been proposed to amend the l, improving the alternative general jurisdiction and contract regulations. [ABSTRACT FROM AUTHOR]

The legal system in Colombia and its issue to be enforceable for any person, it may be known from a context of crisis or complexity, all about the various typologies of sources that mainly work according to case law, where they are constantly in tension, in addition to their concretion of that interaction, among others, the right to equal protection and the principles of legal certainty and predictability of law, all of them are the basis for any well-organized society that can be declared constitutionally as a rule of law. Based on this crisis and complexity and with the purpose of systematizing the legal order, a general clause of sources of law for Colombia is proposed. [ABSTRACT FROM AUTHOR]

The formulation of procedural law within the constitutional court is a crucial requirement, as stipulated by Article 24 C paragraph (6) of the 1945 Constitution of the Republic of Indonesia. While the Constitutional Court Procedural Law is outlined in Law No. 24 of 2003 on the Constitutional Court, it merely provides general points. Special aspects, aligned with individual case characteristics, are deferred to the Constitutional Court for independent regulation based on Article 86 and the Explanatory Note to Law No. 24 of 2003. However, this delegation is inappropriate as procedural law should be governed by Law-level regulations, not by Constitutional Court Regulations (PMK). To date, the Constitutional Court continues to produce the Procedural Law in the form of PMKs. This study employs a normative juridical research method, with a statutory and conceptual approach, and conducts analysis in a qualitative descriptive manner. This paper concludes, firstly, that the creation of procedural law within the constitutional court holds philosophical, juridical and sociological significance. Secondly, the drafting process of the constitutional court’s procedural law must adhere to the process of forming sound laws and regulations and contain materials in line with their level as prescribed in the legislation. [ABSTRACT FROM AUTHOR]

Accepting that the existence of an interval of time in which the perpetrator was aware at every moment of the risk of being detected and brought to justice, was sometimes equated to a real punishment, the period in which the perpetrator was forced to avoid the authorities, to live under the empire the fear that he will not escape liability, justifies the removal by law of the possibility of his conviction after the passage of a time interval related to the maximum duration of the punishment that the law provides for the committed act. Achieving the purpose of the criminal law requires that the criminal liability of the criminal intervene as close as possible to the moment of the crime, so that the process proceeds with speed. The passage of time leads to the dilution of the evidence, with the risk of convicting some innocent people, and the social resonance of the crime diminishes until it disappears. The prescription of criminal liability appears as a legal institution having effects both on the level of substantive criminal law, failure to meet the deadline being a condition to be punishable, and on the level of criminal procedural law, being a condition of procedure, the fulfillment of the limitation period preventing the exercise of criminal action. If a national regulation, specific to another legal system, considers that the prescription of criminal liability belongs to procedural law, not to substantive law, it will be possible to modify that rule in order to extend the limitation period in respect of crimes for which it has not already been fulfilled this term at the time of modification. In an attempt to emphasize the differences between a criminal procedural legislative regulation and a regulation specific to the substantive law, we considered it necessary to make a short foray into the modern criminal legislation of Romania in order to highlight the contextual orientation of the national legislator in this field of regulation. It becomes extremely important for any internal legislative process, an approach to the regulation of the prescription of criminal liability in the legal order of other states, the experience of these states being able to be considered and capitalized by the national legislator, respecting the constitutional requirements. An essential purpose of this endeavor is to provide a perspective on how to regulate the prescription of criminal liability in other legal systems. [ABSTRACT FROM AUTHOR]

One of the essential objectives of international arbitration is to obtain fair and neutral procedures without being bound by the formalities and technicalities of procedural rules applicable in national courts. This aim is affirmed by articles 18 and 19 of Iran International Commercial Arbitration Act, approved in 1376, and sections 33 and 34 of England Arbitration 1996 Act. In such a private dispute resolution mechanism, the parties’ autonomy is significantly accepted in the law governing the rules of arbitral proceedings. Furthermore, by considering the two basic principles (parties’ rights must be heard and treated equally), arbitrators have a wide range of initiative in determining the rules of proceedings. Therefore, the idea of neutrality of the arbitral seat is considerable and acceptable in the arbitral proceedings. Yet, the question that arises is to what extent the neutrality of the arbitral seat is acceptable in evidence. According to the international arbitration acts reviewed in this essay, the procedural flexibility, namely, the neutrality of the seat of arbitration is allowed to the extent that it does not contradict with the fundamental requirements of evidence.

An introduction of general principles of procedural law; "a comparative attitude towards methodology of conceptualizing a general theory" The procedural law has been recently developed and conceptualized as an autonomous branch of law beside other branches. Given this autonomy, the procedural law shifted the classical narrow perception of procedure as techniques and formalities of proceeding to a deep analytical argumentation elaborating the substantive principles to govern the proceeding and make distinction between mere formalities therefrom. The core theoretical concept here is how to find the basic principles susceptible to apply on all kind of procedures i.e. civil procedure, criminal procedure, administrative procedure, etc. The question immediately may arise after reading this article will be if there are a procedural law Jus Cogens.

In the period of the Early Middle Ages, the institution of the so-called purgatory oath, set in accordance with traditional rules of German criminal law, was commonly applied in the secular forums. It predominated in certain countries, whereas in others it "only" supplemented other proper evidence, especially several types of ordeals or in various ways treated testimonies. Its essence consisted in the swearing of a suspicious person before the deity on his or her innocence in a specified term and attended by a defined number of compurgators. This transcendental aspect had to appeal to the conscience of the swearer with fear of the perjury and sanctions connected with it (not only on temporal, but on primarily a metaphysical level). After its Christianization by theologians, but especially canonists to purgatio canonica it was transformed into ius commune, where it was applied within the frame of the generally accepted Roman-Canonical procedure. In this form it managed in a more or less definite way to replace the older types of so-called common purgation and to direct at the same time the entire procedure of probation from metaphysics towards ratio. The main goal of the article is to define more closely the conception of these types of the oaths in Medieval canon law including the ways of its procedural application in then Church, as well as in secular courts. [ABSTRACT FROM AUTHOR]

The article analyzes a number of works by A.R.Sharipova on the unity and difference of standards of proof and evidence in criminal, civil, arbitration and administrative proceedings. To date, there are more differences in the standards of proof than their unity in the listed branches of law, which is the problem of intersectoral prejudice. The topic of prejudice is especially important in criminal proceedings, where, in fact, decisions made in other branches of law are not binding. The purpose of the article: to identify the significance of the problems about the need for convergence of standards of proof and evidence in all procedural branches of law. Methods: systemic, comparative-legal, formal-legal, system-functional methods are applied. Results: the necessity and possibility of combining the standards of proof and evidence in criminal, civil, arbitration and administrative proceedings are established in the presence of a number of conditions, the development of which requires further scientific research in all procedural branches of law.

[Purpose] This article is aimed at revealing the theoretical features of an electronic transaction as evidence in the procedural and legal field of a judicial instance. [Methodology/Approach/Design] The leading method of studying this issue is a combination of materials and methods of scientific knowledge. The main one is the dialectical method, which was used during the entire study and is considered the basic one in all components of the work, which made it possible to analyse comprehensively the theoretical developments of domestic and foreign scientists, as well as to study the judicial practice of applying the regulatory framework in the evidentiary process and the practical activities of leading lawyers in the judicial process of using electronic evidence. [Findings] The relevance of this article is due to the increasing trend in the use of electronic transactions, as well as the use of the latter in court as evidence. So, the legal nature of electronic transactions is analysed here in detail, namely: the history of occurrence, approval by national legislation, methods and conditions of conclusion, as well as legal force in legal relations between individuals and legal entities, the methodological basis for the study of the concept of electronic transactions has been determined, and their sources of legal regulation of their existence have been identified. The article provides a list of characteristic features of electronic transactions, reveals the main methods of their conclusion, justifies the effectiveness of using electronic transactions in courts as an evidence base, identifies the main legal omissions and shortcomings of the regulatory framework. [Practical Implications] The materials of this article provide applied value in the course of the reform and improvement of procedural legislation, as well as the development of methodological manuals for training and skill development of practising jurists and lawyers.

Based on the analysis of legal acts, with the involvement of the works of Russian and foreign scientists, the results of modern research, this article describes the current state of the branch of administrative procedural law in Russia. On the basis of the doctrinal provisions of Russian and foreign administrative and administrative procedural legislation, the concept, content, structure and system of building the administrative process and administrative procedural law in Russia are studied. The purpose of the study is to formulate generalized recommendations for the legislator to eliminate existing gaps in legal regulation, to determine the directions and trends in the construction and development of the sectoral concept of the theory of administrative process and administrative procedural law, to develop proposals for improving the mechanism of legal regulation. In achieving the goal of the study, the Author relied on modern methods of cognition, identified and developed by legal science and tested by practice. The general methodological basis was the method of materialistic dialectics and conceptual analysis of legal reality, allowing to consider and reveal the problems of categorical understanding of the administrative process and administrative procedural law in a complex, inseparable unity with other legal phenomena and categories. In the course of the study, private scientific and special methods of cognition were used: formal-logical, analogies and generalizations (when presenting the entire research material and drawing conclusions); methods of systematic and comparative legal analysis (when studying normative legal acts and other sources); historical and statistical methods (in the process of retrospective study of legal acts, special literature on the issues under study); content analysis (in the process of sampling and analysis of certain provisions of legislative and other regulatory legal acts, statistical data, monographs, scientific publications). Using the method of legal modeling, proposals were formulated and substantiated for the modern interpretation of administrative procedural law in the mechanism of legal regulation, its role and place in the structure of Russian law. Within the framework of this study, appropriate legal tools are proposed for resolving the most important tasks today in the field of administrative procedural legal relations. For this reason, the core of the modern doctrine of administrative procedural law, in our opinion, can be the concept of the administrative process as a complex normative formation, strictly regulated by the legislation of the established procedure for the activities of its participants in resolving judicial administrative cases and cases of administrative offenses regulated by the norms of administrative procedural law. the rights. It is summarized that in a modern civilized civil society it is impossible only by the presence of norms and branches of substantive law to judge the development and democracy of the legal system of the state. Procedural norms play an important and increasingly significant role in ensuring the rule of law, protecting the rights, freedoms and legitimate interests of citizens and organizations from unlawful encroachments. Without fundamental scientific research on the legal process and the theory of procedural law in general and administrative procedural law in particular, it is impossible to assess the real state of the mechanism of legal regulation. And, consequently, the real state of law in the country and the degree of real protection of the rights, freedoms and legitimate interests of its citizens, organizations and businesses from unlawful interference in their legitimate activities by bodies and officials of the official administration.