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In today's conditions, the excessive workload of the administrative courts of Ukraine is the reason for the rather long consideration of tax disputes, therefore there is a demand in society for the search and application of alternative mechanisms for resolving disputes between the tax authority and the taxpayer, which will ensure the relief of the courts and the prompt prote ction of the rights of taxpayers. One of these methods is proposed in the article to introduce a mandatory administrative (pre-trial) settlement of the tax conflict, as one of the ways to ensure a faster and more efficient way to protect the rights of taxpayers. A comparative analysis of statistical indicators of the DPS of Ukraine and administrative courts shows that, to a greater extent, taxpayers apply for protection immediately to judicial authorities without applying the right to pre-trial appeal. Among the factors that encourage taxpayers to ignore the right to an administrative appeal, one can single out the «formal approach» of the controlling body to the consideration of taxpayer complaints and the discretionary right of the DPS of Ukraine to increase the amount of the monetary obligation. Therefore, before introducing a mandatory administrative (pre-trial) appeal, it is necessary to make changes to the legislation of Ukraine that will eliminate such negative factors for taxpayers. In general, a mandatory administrative (pre-trial) appeal has some advantages over the judicial resolution of the dispute, in particular, it is the procedural simplicity of initiating the resolution of the tax conflict, the absence of a mandatory payment, and saving time. It is worth noting that foreign experience shows the significant effectiveness of mandatory administrative (pre-trial) tax conflict settlement. Thus, the introduction of mandatory administrative (pre-trial) settlement of the tax conflict can have a positive effect on the protection of the rights of taxpayers and contribute to the solution of one of the urgent problems in society - the relief of administrative courts. [ABSTRACT FROM AUTHOR]

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings. [ABSTRACT FROM AUTHOR]

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

Based on the active role of the prosecutor in the criminal case, performing effective actions in presenting and proving the charge against the defendant, being the one who initiates efforts to investigate evidence, change the charge, insists on investigating all the necessary proofs administered during the criminal prosecution. The prosecutor also has this right on appeal, requesting the court to investigate and examine any new evidence (in accordance with Article 414 of the Moldovan Criminal Procedure Code1 and Article 420 of the Romanian Criminal Procedure Code2). Therefore, the prosecutor is to insist that the appeal court should verify the statements and material evidence examined by the first instance by reading the minutes in which the respective facts were recorded, with recording in the minutes of the trial. [ABSTRACT FROM AUTHOR]

The article is aimed at solving the scientific task of studying the problematic issues arising in connection with the implementation of the institute of appealing against a notice of suspicion in pretrial criminal proceedings. It is noted that with a view to ensuring human rights and freedoms in criminal proceedings, the provisions of criminal procedure legislation enshrine the right of a suspect to appeal against a notice of suspicion. However, the lack of clear legal regulation of the substantive and criminal procedural grounds for such an appeal leads to a violation of the principles of reasonableness of time limits and application of due process of law to a person. The author establishes that among the substantive grounds for appeal, the provisions on the completeness of the content of the suspicion, the correctness of the criminal law qualification should be distinguished, and among the criminal procedural grounds – the proper subject, compliance with the deadlines, availability of sufficient evidence, explanation of the suspect’s rights, and compliance with the procedure for serving a notice of suspicion. It is noted that in the context of determining the level of violation of human rights and freedoms, the criterion of ‘materiality/ insignificance’ should influence the establishment of grounds for appealing against a notice of suspicion to ensure the requirement of general fairness of criminal proceedings. The author emphasizes that the problem of regulatory regulation of appealing against a notice of suspicion is the uncertainty of the procedural time limit after which a relevant complaint may be filed if the prosecution parties notify a new suspicion or change the original notice of suspicion. It is found that the implementation of a notice of suspicion covers several stages, and therefore is considered through the prism of a combination of a procedural decision and the execution of a procedural action. It is stated that the inaction of an investigator, coroner, or prosecutor, which is manifested in the failure to serve a notice of suspicion, is subject to a separate appeal in terms of failure to serve a written notice of suspicion. [ABSTRACT FROM AUTHOR]

General theoretical issues related to the concept and classification of rulings made by the court of first instance in civil and arbitration proceedings make it possible to study this institution as a whole. This article considers the concepts of judicial act, court decision, and court ruling from the point of view of legal regulation. The author raised the question of analyzing the existing grounds for classifying court rulings, based on the position of the domestic legislator, i.e., the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The current legal regulation of the institute of court rulings needs to be amended, despite the vivid scientific interest to this issue. Judicial acts realize the constitutional right of citizens to judicial protection. With this in mind, the author proposed a number of amendments to the legislation, explained the existing definition of court ruling, and classified the rulings of the court of first instance in the current legal regulation. The objectives of the study were to analyze the domestic legal regulation, the positions of the Supreme Court of the Russian Federation, and the Constitutional Court of the Russian Federation, as well as to review studies that featured these issues. The research relied on the formal-logical and logical-legal methods, as well as on some standard methods of scientific research. As a result, the author developed a number of regulations concerning the definition of court ruling by means of a single concept of a judicial act, as well as some adjustments to the approach to the conditions for appealing rulings of the court of first instance. The paper also considers the aspect related to the extent to which the domestic legal regulation of the institution of first instance court rulings corresponds to the right to judicial protection guaranteed by the Constitution. The author introduced a category of influencing the essence of the final judicial act and, as a result, supplemented the criteria for classifying court rulings on this basis. In general, the article introduces an authentic definition of first instance court rulings and the conditions for appeal.

In the present article was carried out a research of judicial practice and the procedural-criminal norms regarding the deadline for decalraing the appeal against the decisions of the appeal courts. The presented problem consists in the scientific substantiation and practical regarding of the way of applying in the legal provisions, the need tu meet the requirements of clarity and predictability of the rules regarding the term of appeal, through the lens of ECHR jurisprudence, national practice, including in relation to the amendments to the law from, as well as the analysis of the legislation, resulting in the substantiation of the respective conclusions. Through this study, we want to provoke further analysis and discussion on this topic.

Abstract All students at Norwegian universities and colleges have the right to complain about ordinary grading decisions. When an appeal is made, two new examiners are appointed, at least one of whom should be external. The handling of appeals in the current system is to be blind, meaning that the examiners handling the complaint should not be aware of the original grade. It also means that they are not to receive information regarding the examiners’ reasoning for the original grade or the student’s reasoning for the complaint. In this article, we discuss whether the current appeal grading system with blind grading is appropriate when ordinary appeal grading is conducted by two examiners. We argue that the students' legal rights are not in conflict with the principle that good decision-making processes should be well-informed before decisions are made. We conclude that, in cases where two assessors are used for the ordinary examination, we ought to abolish the blind aspect in the current appeal grading system.

The scientific article is devoted to the study of the identified vectors of improving the observance of human rights during the application of administrative detention by the police at this stage of the development of Ukrainian statehood. The following vectors for improving the observance of human rights during the application of administrative detention by the police have been identified: the introduction of electronic tools; normative regulation of the procedure for applying administrative detention; improvement of the procedure for appealing administrative detention; normative regulation of the procedure of administrative detention during the establishment of quarantine; legislative consolidation of requirements for the administrative detention protocol. It is proposed to introduce the following electronic tools during administrative detention: electronic digital signature, electronic protocol on administrative detention, entering information about the application of administrative detention to a person in the single portal of state services "Diya". It is emphasized that there is no normative regulation of the procedure for applying administrative detention in case of committing an administrative offense, the subject of which is a legal entity. It is proposed to enshrine the right to challenge administrative detention in Article 261 of the Code of Ukraine on administrative offenses, as well as to additionally duplicate this right in the protocol on administrative detention. Attention is focused on the need to grant the right to an illegally detained person to claim compensation for damages. It is proposed to expand the list of grounds for detaining persons by the police under the conditions of the introduction of quarantine. It is proposed to additionally determine the requirements for protocols in proceedings in cases of administrative offenses in the norms of the Code of Ukraine on administrative offenses. The author notes that the legislation does not provide for additional grounds for administrative detention under martial law, such grounds are general. In addition, it was emphasized that there is no special procedure for administrative detention during martial law. It was concluded that the application of administrative detention, in particular, is a dynamic process that must comply with the principle of legality, the requirements of society's development, standards of compliance with human rights, and other external factors. [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.)

All students at Norwegian universities and colleges have the right to complain about ordinary grading decisions. When an appeal is made, two new examiners are appointed, at least one of whom should be external. The handling of appeals in the current system is to be blind, meaning that the examiners handling the complaint should not be aware of the original grade. It also means that they are not to receive information regarding the examiners' reasoning for the original grade or the student's reasoning for the complaint. In this article, we discuss whether the current appeal grading system with blind grading is appropriate when ordinary appeal grading is conducted by two examiners. We argue that the students' legal rights are not in conflict with the principle that good decision-making processes should be well-informed before decisions are made. We conclude that, in cases where two assessors are used for the ordinary examination, we ought to abolish the blind aspect in the current appeal grading system. [ABSTRACT FROM AUTHOR]

Many advertising campaigns and agencies are now seeking help from radio-frequency identification (RFID) technology to promote their products and events across the world. Marketing agencies are deploying RFID technology as the prices of RFID tags are comparatively low than the other mediums. Marketers and advertisement planners, with using modern technologies to produce many advertising ideas, try hard to attract the attention of the targeting huge audiences and get their curiosity. Radio-frequency identification (RFID), one of the most popular technologies, uses electromagnetic fields to automatically identify and track tags attached to objects. An RFID system consists of a tiny radio transponder, a radio receiver and transmitter. RFID tags have already been used in several areas, including: the libraries, identity cards, ads and it can be also used in tracking cars, monitoring and selling goods.... etc. Battersea Dogs & Cats Home used a new technique in outdoor advertising using radio-frequency identification (RFID) technology as a simple idea will be examined as “case study”. The ‘Looking for you’ campaign used RFID tags and has launched an interactive digital advert between the receiver and the charity by which a personalized interactive messages were used to guide people and motivate positive values inside their hearts, asking them to adopt pets.

The subject researched in the article is one of major importance and extremely current in the context of Law no. 246 of 31.07.2023 regarding the modification of some normative acts (modification of the normative framework related to the reform of the Supreme Court of Justice), through which a series of significant changes were made to the CPC of the Republic of Moldova, some even conceptual, which will have strong repercussions on the powers of the Supreme Court of Justice against the civil decisions given on appeal and implicitly the role of the supreme court in standardizing and consolidating judicial practice, impossible to underestimate even in the context of the European course of our country. In the light of the new changes, the "red thread" in the entire normative framework related to the reform of the Supreme Court of Justice is its transformation into a true court of cassation, and considering that the judicial practice at the time of the study is lacking, special attention was paid to the attempt to anticipate the possible problems that practitioners will encounter, and of course avoiding these situations with the identification of solutions.

The article examines the peculiarities of the law enforcement practice of courts of appeals when reviewing decisions in cases on appeals in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the conditions of the legal regime of martial law in Ukraine. Attention is drawn to the quality of argumentation of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the conditions of the legal regime of martial law in Ukraine. Special attention is paid to the conditions of use and exercise of the right to freedom of peaceful assembly. The issue of forming a unified legal position regarding the application of positive law norms to regulate the use and exercise of the right to freedom of peaceful assembly under the conditions of the legal regime of martial law is being investigated. The specifics of the argumentation of decisions made by appeal courts in cases of administrative offenses are analyzed, in particular the specifics of the exercise of the right to freedom of peaceful assembly under the conditions of the legal regime of martial law and the influence of such a legal regime on the application of administrative responsibility for violating the order of organizing and holding meetings, rallies, street marches and demonstrations. Attention is drawn to the fact that the peculiarities of the legal regime are not reflected in the decisions of appeal courts, although such a legal regime significantly affects the use and exercise of the right to freedom of peaceful assembly. A separate issue is the specifics of the use by courts of appeal of the legal positions formulated in the decisions of the Supreme Court regarding the treatment of individual pieces of evidence and their sources. Based on the conducted research, the appellate courts, first of all, in order to determine the grounds for the application of administrative responsibility, find out exactly the composition of the administrative offense, while the conditions for the use and exercise of the right to freedom of peaceful assembly, the introduced administrative rules regulating the use and exercise of the right to freedom of peaceful assembly remain out of courts consideration. No less important is the lack of motivation in distinguishing the right to freedom of peaceful assembly, administrative liability for violation of the use and exercise of this right from other constitutional rights, which significantly affects the application of administrative liability. It has been proven that the formation of a legal position by courts based on the principles of the rule of law, observance of human rights and freedoms guarantees a positive assessment and perception of such decisions by the individual and society, will indicate trust in the judicial branch of government, and most importantly – will contribute to the effective regulation of social relations with the help of legal norms.

With its unique characteristics and sui juris nature, the military justice system is designed specifically for the armed forces and operates independently from the civilian criminal justice system. The same applies in Malaysia, where the system also differs from the ordinary criminal justice system in several aspects, including the availability of appeals. While the Public Prosecutor and the accused in the civilian criminal justice system have the right to appeal against a court's decision, the right to appeal for the prosecution in a court-martial is absent. This study aims to examine the implication of the absence of the military prosecution appeal right in Malaysia, exploring its impact on fairness and effectiveness in relation to Sustainable Development Goal 16 (SDG Goal 16). The absence of the prosecution's right to appeal hinders their ability to seek justice in the military justice system and goes against SDG Goal 16, which promotes peaceful and inclusive societies for sustainable development, provides access to justice for all, and builds effective, accountable, and inclusive institutions at all levels. This study argues for the need to introduce a robust military prosecution appeal right in Malaysia's military justice system that would help promote peace, justice, and strong institutions. By addressing this gap, Malaysia can enhance the fairness and effectiveness of its military justice system, contributing to the broader objectives of sustainable development and justice for all. [ABSTRACT FROM AUTHOR]

The scientific article is devoted to highlighting the state of scientific development of appeals of decisions, actions or inaction of a notary public service provider. Approaches to understanding the categories of public services and challenging decisions, actions or inaction of a notary public are considered. It was concluded that, based on scientific developments, we will distinguish signs of appeal of decisions, actions or inaction of a notary public service provider: the subject of the appeal is legal relations during notarial activity; direct initiative (application) of individuals and legal entities; the imperative of legal regulation; implementation according to the relevant administrative procedure; the result of an appeal against decisions, actions or inaction of a notary on the provision of administrative services is an individual act of a standard form or an administrative act. Appealing the decisions, actions or inaction of a notary public service provider should be understood as the procedure for applying for the protection of one's rights and interests protected by law aimed at consideration and resolution by the court of cases related to notarial acts performed or refusal to perform them, notarial acts. Attention is drawn to the fact that appeals against decisions, actions or inaction of public administration bodies for the provision of administrative services are carried out according to the appropriate procedure. For example, if the appeal of the service is carried out in an administrative (out-of-court) procedure, then the claimant can appeal the service only within the authority that issued the service or to a higher division. At the same time, the analysis of scientific publications, monographic studies, practical recommendations, as well as the results of appeals against decisions, actions or inactions of notaries public services in Ukraine show that a comprehensive scientific approach is needed to study the features of appeals against decisions, actions or inactions of notaries public services services in Ukraine. [ABSTRACT FROM AUTHOR]

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

The research aims to identify the legislative directives in God’s speech to His Prophet by saying, O Prophet, through a jurisprudential interpretive study prepared by the researcher Abdulaziz Salem Ali Al-Khasrami, and to find out the sayings of the commentators and jurists in directing the command and prohibition directed to the Prophet, may God bless him and grant him peace, and to identify the implications of the command and noncommand sentences. Declarative, interrogative, and prohibitive sentences mentioned after God’s saying (O Prophet). This study combines rooting and application. It has been titled: Legislative directives in God’s speech to His Prophet by saying, O Prophet, a jurisprudential interpretive study. The researcher used the inductive and analytical approach that combines vision Theoretical and applied, in addition to following the fundamentalist vision, which came in an introduction and three sections, which are: • The first topic: The call to “O Prophet” in the Holy Qur’an. • The second topic: The interpretive vision of God’s speech to His Prophet by saying: (O Prophet). • The third topic: The jurisprudential vision of God’s speech to His Prophet by saying (O Prophet). This research has reached a number of results, including: The jurisprudential topics included in the call (O Prophet) are: issues related to conveying the message, issues related to piety and obedience, issues related to jihad, issues related to divorce, issues related to choice, and issues related to giving allegiance to the word. : (Ali is forbidden), and issues related to women’s clothing. The study recommends paying attention to the Holy Qur’an and the Noble Hadith as a lesson and research, and paying attention to the call to prayer and the commands and prohibitions that follow it in the Holy Qur’an through extraction, care, and research, and studying the method of the call in the Holy Qur’an as an interpretive jurisprudential study. [ABSTRACT FROM AUTHOR]

Limiting the duration of the criminal trial was one of the essential objectives of the criminal trial model thought by the legislator of the new Code of Criminal Procedure, who, under the pressure also of the European jurisprudence against Romania on the line of finding non-compliance with the reasonable term of the cases, expressly dedicated a special procedure to this problematic. In order to facilitate the transparency of the judicial act and help the judge in this endeavour, in the content of the procedure (unlike the corresponding institution in the Code of Civil Procedure) a series of express assessment criteria were regulated, in relation to which the conclusion can be reached whether in a specific case the reasonable term of resolution was specifically violated. The newness of the institution and the need to corroborate it with the source of inspiration - the jurisprudence of the ECHR Court, determined the national courts to develop important nuances, in some places still divergent, regarding the conditions of the procedure, the greater relevance presenting the perception of judges in the real practice of analyzing the criteria for verifying the reasonableness of the duration of the criminal trial, a fact that also determined the need to develop the present study. In essence, the judgment refers to all the criteria established by the law, but, concretely, any of them can acquire greater importance in the conclusion of „violation/non-violation", with direct influence also on the terms that will be set by the judge to speed up the resolution of the case, respectively after which a new appeal can no longer be initiated. On another level, the present analysis also reflects part of the legislative transition that continued punctually after the entry into force of the new Code, both as a result of the intervention of the legislator and of the Constitutional Court of Romania, both influenced by changes in the legislative and social paradigm, after year 2014. [ABSTRACT FROM AUTHOR]

Copyright of Ruch Prawniczy, Ekonomiczny i Socjologiczny (0035-9629) is the property of Adam Mickiewicz University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Research on this topic is important and relevant for several reasons. Effective and fair regulation of procedures for the adoption and appeal of normative legal acts at this level is crucial for ensuring the rights and interests of citizens in practice. The alignment of national legal norms with international standards is key for the organic integration of Ukraine into the European legal system, and the processes of decentralization necessitate the study of this topic through the prism of local authorities. The article uses such research methods as comparison, analysis, induction and deduction. During the research, results were obtained, consisting of the formation of a clear and comprehensive vision of normative legal acts that regulate the procedures for the adoption and appeal of normative legal acts of local councils in Ukraine. Existing legal problems were highlighted, and solutions were proposed. The primary issue in the normative-legal regulation of the studied topic is the insufficient clarity in defining normative-legal acts and the narrowing of the range of subjects of appeal compared to the Constitution. Considering the points stated in this article will contribute to the improvement of the legal regulation of the discussed issues and the further application of legal norms. The study of the chosen topic is crucial for understanding and addressing current problems in the regulatory and legal foundations of the functioning of local self-government and ensuring guarantees of the protection of citizens’ rights at the local level. Further research on this topic allows for a deeper understanding of the role of local self-government in ensuring the harmonious functioning of society and identifying possible ways to improve regulatory and legal frameworks. Specifically, in the context of addressing issues such as the lack of clarity in defining the concept of «regulatory and legal act» and restricting the scope of subjects for challenging regulatory and legal acts, as identified in this study, it is crucial to emphasize the need for transparency in legal processes at the local level. The findings of this research can serve as a foundation for subsequent reforms in the field of local self-government and the establishment of effective mechanisms for protecting citizens’ rights at the local level. [ABSTRACT FROM AUTHOR]

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

Arctic law and politics are heavily focused on citizens and their welfare. In recent times, migration has led to an increase in immigrants to the Arctic region, expanding discussions on diversity, equality, and inclusion. This article analyses immigrant experiences of the wheels of justice when appealing extended-residence decisions in Finland. There has been research on residence applications but there is no previous research on appealing residence decisions in Finland. Using interpretative phenomenological analysis (IPA), the article analyses four Africans’ experiences of (in)justice during residence permit decision appeals lodged through the administrative courts in Finland 2011–2020. The article uses the Renault concept to argue and underscore the experiences of injustice and to underscore the gathered, analysed emerging themes and the patterns observed in the handling of the residence permit appeal cases from a legal and political perspective. The information was gathered through in-depth interviews using open-ended, structured questions, and the analysis of personal text and information was collated using MAXQDA software. The article highlights the incidences of human rights violations, injustice, mental health and well-being issues, inadequate information and distrust of the administrative justice system, and the risk that this poses to Arctic law and politics as right-wing politics are on the rise.

This article examines how UK policy makers are redefining the value of universality in the transition from public service broadcasting (PSB) to public service media (PSM). Over the past decade, the UK's media landscape has undergone a significant transformation, driven by the economic, infrastructural and social influence exerted by global platforms. These transforming conditions have profoundly complicated the relationship between PSM and the principle of universality—in particular, the core values of universal access and universal appeal—with potential consequences for the broader legitimacy of the future public service mission. In an age of apparent media abundance, the question of how PSM can effectively reach and engage its audience remains a persistent inquiry. Presenting findings from an analysis of key and contemporary media policy and regulatory documents, this article demonstrates how universality has become a key battleground in current debates around the future of PSM. [ABSTRACT FROM AUTHOR]

Copyright of Revista CIENCIA UNEMI is the property of Universidad Estatal de Milagro (UNEMI) 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 CIENCIA UNEMI is the property of Universidad Estatal de Milagro (UNEMI) 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.)

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Copyright of Acta Universitatis George Bacovia. Juridica is the property of George Bacovia University, Faculty of Sciences Economics, Juridical & Administrative 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 crises in justice are a constant of the last decades and despite the reforms undertaken in many European countries the progress is far from being spectacular. The causes of such a reality are multiple, but the author gives us important benchmarks on some of them, respectively on those related to the way the judicial system is organized and to the legislative changes in the field of judicial procedures. In procedural matters the trends to modernize the regulations in the matter are not only of very recent date, we encounter such approaches throughout the history of the Romanian justice. But, unfortunately, the reforms did not always achieve the necessary optimum, while the volume of files increased from one year to the next despite the efforts made. Overloading of judges has become endemic not only in Romania, but also in states with strong democratic traditions. The celerity of judicial procedures is in a strict dependence relation to the quality of the procedural regulations, which must facilitate such an objective. However, in the content of this study, the author emphasizes that some of the most recent regulations have rather led to the delaying of judgments, and not to their acceleration. That is why the author believes that a real reform should have as its objective the reduction of the procedural time limits and a possible reconsideration of the appeal. A possible suppression of this means of appeal should necessarily lead also to a radical restructuring of our judicial system. [ABSTRACT FROM AUTHOR]

This article examines the stylistic elements of the judicial petition of appeal in the Jordanian courts. It focuses on the specific language and phrases employed in appeals made by certain attorneys to the Court of Cassation and the Court of Appeal. Several of these appeals had unsuitable language and expressions that diminished the prestige and respect of the court, therefore violating the relevant regulations and ethical standards in addressing the judicial body. The study stated that attorneys should refrain from using harsh terms and phrases, based on concrete examples provided. It emphasized the need for lawyers to enhance their discourse style to uphold the reputation of the judiciary and show respect for its rulings. If necessary, the court can impose a sentence on the lawyer. Furthermore, the study emphasizes that the lawyer must exercise caution in selecting their words and phrases, refraining from engaging in defamation or slander. This is crucial for maintaining the dignity of the legal system and its authorities. [ABSTRACT FROM AUTHOR]

Appeal is one of the procedures found in the statute relating to the Mal procedure in the Syariah Court in all the states in Malaysia. Appeal procedures are established for the aggrieved parties by court decision. However, to the extent of the difference in jurisdiction to hear appeals in the syariah Court and whether it is in accordance to hukum syarak that such appeal be heard, should be discussed and analyzed. This paper explains the differencet jurisdiction of the court to hear appeals and to analyze the provisions of the appeal procedure in the Mal Procedure Enactment, accordance with Hukum syarak This paper uses pure literature and legal research methods to collect data to be analyzed using content analysis methods. The study shows that there are differences in the jurisdiction to hear appeals of the Syariah High Court and the Syariah Court of Appeal in the administration of Islamic Law (Federal Territories) Act 1993 and the Syariah Court (Perak) enactment 2018. Every appeal procedure in the Enactment of the Mal procedure in the Syariah Court is based on hukum syarak. This paper also highlights the importance of understanding the courts 'jurisdiction of hearing appeals and basis of hukum syarak for each appeal procedure to all Shariah law practitioners in Malaysia. [ABSTRACT FROM AUTHOR]

After more than a decade of extensive reform of administrative litigation, which, despite clearly defined goals, did not yield the expected results, and after numerous requests and criticisms from practice and legal theory, a new Law on Administrative Disputes has been prepared. It contains numerous innovations primarily aimed at increasing the efficiency of administrative litigation. The paper presents and analyzes the basic novelties introduced by the new legislation. [ABSTRACT FROM AUTHOR]

Copyright of Strategic Universe Journal / Univers Strategic is the property of Dimitrie Cantemir Christian University, Institute for Security Studies 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 unconstitutionality of the second paragraph of article 387 of the Criminal Procedure Code in Chile, which establishes restrictions on the right to appeal in cases of final judgments. The jurisprudence of the Inter-American Court of Human Rights and the Constitutional Court on this issue is reviewed, highlighting the recent changes in the jurisprudence of the latter court. The importance of an ordinary and effective appeal, accessible and allowing a comprehensive examination of the appealed decision, is discussed. The Constitutional Court has declared the inapplicability due to unconstitutionality of the second paragraph of article 387 in several judgments, arguing that it restricts the right to defense and violates the right to a fair trial. It is suggested to modify this rule to comply with constitutional and human rights standards. [Extracted from the article]

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

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

The prevention of the Covid-19 pandemic which took place in early 2020 – 2022 made regional leaders disseminate information about preventing Covid-19 through their respective social media by relying on access to information technology and social media owned by regional leaders. This research aims to analyze critical discourse based on Teun van Dijk's method which is divided into microstructure, superstructure and microstructure aspects. The method used in this research is a qualitative descriptive method with the type of research in the form of library research or library research which focuses on documentary analysis which refers to on the Instagram posts of regional heads Wahidin Halim (Governor of Banten Province) @wh_wahidinhalim, Anies Baswedan (Governor of DKI Jakarta) @aniesbaswedan, Ridwan Kamil (Governor of West Java) @ridwankamil, Ganjar Pranowo (Governor of Central Java) @ganjar_pranowo, and Khofifah Indar Parawansa ( Governor of East Java) @khofifah.ip. The results of research in critical discourse analysis according to Teun A. Van Djik's model are divided into three aspects, namely macro structure, superstructure and micro structure. This aspect can be found in social media posts with the same pattern, so it can be concluded that the aspect of critical discourse analysis in Instagram posts during the Covid-19 pandemic was that regional heads (governors) gave recommendations and appeals to the public to comply with health protocols and reduce activities outside the home.

Background. Based on an analysis of legislation, annual reports of the Russian Ombudsman, and legal literature, issues of the legal nature and content of the principle of accessibility as one of the basic principles of the activities of the Commissioner for Human Rights in the Russian Federation are considered. The authors focus not only on the norma-tive components of this principle, but also on the discretionary powers of the Russian Om-budsman in terms of filling the principle with appropriate content. Materials and methods. To achieve these goals, the authors used formal legal and comparative legal methods. Re-sults. Based on the analysis, the authors have identified the structure and content of the principle of accessibility in the activities of the Commissioner for Human Rights in the Russian Federation. Conclusions. The principle of accessibility in the activities of the Om-budsman can be considered as an opportunity guaranteed by law, as well as provided by the Ombudsman himself, for every person to freely apply to the Ombudsman for assistance in restoring their violated rights. The accessibility of the service is thus based both on those legislative guarantees that are provided to citizens when contacting the service, and on the discretionary powers of the Ombudsman himself, who often independently determines pri-orities in ways to receive complaints and other information from citizens (through informa-tional, physical and partly legal accessibility).

The purpose of this article is to describe the loss of the vocative case in Russian language on the material of Old and Middle Russian monuments of business writing. A study of four text corpora and quantitative analysis of the vocative forms, which has not previously been proposed, allowed us to conclude the following. The vocative case was lost in the late Old Russian period with the preservation of the forms of individual common nouns (господине ‘lord’, брате ‘brother’, княже ‘prince’, господо ‘lords’). Presumably due to the frequent use in documents of certain genres, these forms became cliched expressions. In addition, it was concluded that, for the listed lexemes, the choice of the vocative or nominative case could depend on the syntactic environment, specifically the presence of subordinate word or words. Thus, the vocative case is more often preserved for single appeals, whilst the nominative case is chosen for appeals that have anagreed attribute or an apposition. This observation has led to the assumption that a dependent part of the sentence specified the appeal and turned a formulaic expression into an appeal in the literal sense. Since the grammeme of the vocative case was already in the process of destruction, such an appeal took the form of the nominative case. Based on the studied material, it was concluded that the vocative case was lost by the end of the Middle Russian period.

Abstract: By Decision no. 79/2022, the High Court of Cassation and Justice The panel competent for resolving some legal issues, admitted the referral made by the High Court of Cassation and Justice First Civil Section regarding the rendering of a preliminary judgment and, consequently, established that in interpretation of the provisions of art. 497 of the Civil Procedure Code, as amended by Law no. 310/2018 in correlation with the provisions of art. 492 para. (1), art. 498 and of art. 501 para. (3) and (4) of the Code of Civil Procedure, if the appeal is accepted in the second procedural cycle, the appealed decision being overturned, the High Court of Cassation and Justice will retain the case for trial only when it would not be put in a position to proceed to the analysis of the factual situation by requalifying the facts or by completing or re administering the evidence, otherwise the case will be sent for retrial to the court of appeal or, as the case may be, to the first instance.In our opinion, such an interpretation adds to the law, not being covered by the provisions of the Code of Civil Procedure, requiring the intervention of the legislator to clarify the way in which the supreme court will proceed in the second procedural cycle of resolving the appeal.

A comparative legal analysis of one of the stages of administrative procedure i.e. the stage of appeal against an administrative act has been carried out. The attention is focused on the study of the provisions of the FRG Law “On Administrative Procedure”, the Code of Administrative Procedure of Poland and the Law of Ukraine “On Administrative Procedure” regarding appealing against the results of administrative procedure. An analysis of the peculiarities of the mechanism for appealing against an administrative act within the framework of administrative procedure in Poland and Germany has been carried out, and a comparison has been made with the provisions of the Law of Ukraine “On Administrative Procedure”, and proposals have been provided for improving the provisions of the law which has not yet entered into force. It has been proved that the Law of Ukraine “On Administrative Procedure” should clarify the provisions on the subject of complaint consideration, given the lack of criteria to be taken into account when selecting the subject of complaint consideration. The Law provides for an alternative composition of the body which is authorised to consider complaints: 1) a higher-level administrative body, unless another entity is provided for by law; 2) a board for reviewing complaints. We consider it expedient to move away from the concept of consideration of a complaint by a higher body, since administrative officials often violate the principle of impartiality and fairness when considering a complaint, and to establish that the subject of consideration of a complaint is a collective body – a commission formed by a higher-level administrative body, to provide for pre-trial resolution of a conflict (dispute), which involves individuals filing a complaint within the framework of an administrative appeal, as a mandatory condition, which will solve the problem of parallel judicial review. In order to expand the means of protection of rights and interests in the administrative procedure, it has been proposed to enshrine the right of a person to use mediation as an alternative to administrative appeal.

The purpose of this article is to analyze abuses of procedural right in civil and arbitrazh proceedings of the Russian Federation in the context of judicial review. The problem posed by the author is studied from “general” to “specific”: from the study of the potential for abuse of the right to appeal to the isolation and isolation of separate blocks of bad faith procedural behavior, typical for persons involved in the case. The author was able to identify four blocks of procedural abuse at the appeal stage: attempts to review judicial acts not in the manner prescribed by applicable law; circumvention of the prohibition to submit new evidence; inconsistent procedural conduct, as well as unreasonably prolonging the process of review. In addition, this article raises the question of the applicability of certain negative consequences for abusers in appellate and subsequent court proceedings. The article draws a conclusion about correlation of special norms (part 2 of article 111, part 5 of article 159 of the Commercial Procedure Code of the Russian Federation, article 99 of the Civil Procedure Code of the Russian Federation) with a basic general consequence of mala fide procedural behaviour — refusal to satisfy claims of an abuser fully or partially.

As in the judgments issued by the judicial authorities that may be appealed by ordinary and extraordinary methods of appeal, the judgments of international commercial arbitration may also be subject to appeal, but in ways that may be similar and different from those prescribed for judicial judgments. For the implementation of foreign commercial arbitration judgments in Algeria, these judgments must be subject to recognition and enforcement procedures in line with the New York Convention relating to the recognition and enforcement of foreign arbitration judgments signed by Algeria. These procedures may be challenged by appeal if they are rejected, and the order of recognition and implementation may not be appealed. Accordingly, the international commercial arbitration judgments may be subject to a cassation appeal, and it may also be subject to an appeal for nullity if each of the arbitration agreement, the arbitration dispute, or the arbitral judgments has one of the defects that make the arbitral judgments non-productive to its effects.

It has been established that in modern European states there is a growing interest in the use of a constitutional complaint as a procedural tool for the protection of rights and freedoms guaranteed by constitutional acts. This means that people increasingly choose this method to demand the restoration of their rights violated by the actions or inaction of various bodies and officials. In other words, a constitutional complaint is an effective and efficient tool for the protection of human rights. It is emphasized that increasing citizens' awareness of their constitutional rights and the possibilities of using a constitutional complaint can contribute to more active inclusion of citizens in the process of protecting legal interests. It is noted that the appeal to the Constitutional Court helps ensure that all laws and decisions of state bodies comply with the Constitution. This is important for maintaining the principle of the rule of law and excluding the possibility of actions that would violate constitutional norms. It is also one of the ways of implementing constitutional control, which helps to ensure compliance of legislation with the norms of the Constitution. It is emphasized that when the Constitutional Court of Ukraine recognizes a certain norm of the law as unconstitutional, this norm loses legal force and is recognized as if it had never existed in the legal order. That is, it no longer has any legal force and cannot be used to regulate relations or make decisions. This position is important because the unconstitutional norm contradicts the Constitution of Ukraine, which is the main law of the country. When the Constitutional Court recognizes such a norm as unconstitutional, it is considered a final decision and once again recognizes the normative force of the Constitution as having priority over other laws. Therefore, the decision of the Constitutional Court, which recognizes a norm as unconstitutional, not only cancels this norm, but also deprives it of any legal force and recognizes it as non-existent. This ensures the primacy of the Constitution of Ukraine and guarantees that unconstitutional norms cannot be applied in the legal field. [ABSTRACT FROM AUTHOR]