Search

In the realm of land disputes, where ownership and covenants are often at the core of the conflict, identifying the correct legal relationship between the parties involved is crucial for the proper application of the law. This research aims to examine the legal considerations behind the court's decision and its conformity with applicable legal principles. This research utilizes normative legal research methods, focusing on primary legal materials to explore the judicial process. The results showed that the judge's decision in Makale District Court case No. 41/Pdt.G/2012/PN.MKL was incorrect. The judge treated the dispute as an inherited land dispute, whereas the core of the dispute was a dispute over the redemption of mortgaged land. This dispute occurred between the Plaintiff who had entered into a land pawn agreement with A.P. Limbong Allo and the Defendant who redeemed the land, even though they did not have a legal relationship with A.P. Limbong Allo. According to Article 1338 of the Civil Code, legally binding agreements only apply to the parties involved. Thus, the court should declare the Plaintiff's claim inadmissible (Niet Onvankelijk Verclaard) for lack of proper parties, as A.P. Limbong Allo was not included as a party. Limbong Allo was not included as a Defendant. This research implies the need for accurate identification of legal relationships in the civil litigation process, which impacts on court decisions and procedural justice. [ABSTRACT FROM AUTHOR]

The goal of the research is to clarify the rules of succession through a focus on everyday life in the Crimean Khanate. The relevance of the research lies in the fact that until now both individual aspects and the general everyday life of the Crimean Khanate have not been studied. In turn, this is due to the fact that the sources of the Crimean Khanate period are mostly written in the Arabic script. Much attention in the article is paid to new facts revealed during the study of the Kadiaskers’ notebooks of the XVII–XVIII centuries. An analysis of the recorded court decisions allowed us to clarify not only one aspect of the extensive legislative system, but also to imagine the everyday life in the Crimean Khanate. When writing the article, the following scientific-research methods were used: comparative-historical method, linguistic analysis method and others. The identified examples of court decisions from the Kadiaskers’ notebooks have been transliterated and translated from Arabic (the Ottoman language) into Russian, which will significantly facilitate the work for future research. During the research, it has been found out that the executive and legal authorities in the Crimean Khanate worked strictly according to the established Muslim legislative system, the Sharia laws. Each individual example taken and examined reveals the details of life situations and gives an opportunity to look into the everyday life of an ordinary person.

The article covers one of the features of law enforcement as an independent form of exercising legal norms – the outcome of law enforcement, i.e., law enforcement act of a specific application entity – a court. The author analyzes what constitutes an act of law enforcement, its features, whether court decisions are law enforcement acts, and the peculiarities of these acts. It is noted that court judgments meet the characteristics of law enforcement acts, each of which has a specific manifestation. Court judgments are individual, authoritative, and binding. Like most law enforcement acts, judicial enforcement acts always take the form of an act-document. Judicial law enforcement acts are based on substantive law, while the entire process of judicial law enforcement, the choice of the type, structure and content of court decisions must comply with procedural rules, which are, moreover, specialized in relation to the court as a law enforcer. In the context of judicial law enforcement, it is inappropriate to distinguish procedural rules, since they are included in the concept of “procedural rules”. In addition, court judgments that conclude the proceedings are characterized by such a feature that is not peculiar to the acts of law enforcement of other subjects as extraordinary authority, which is enshrined in the constitutional provision on the adoption of court decisions in the name of Ukraine. It is stated that this provision is inconsistent with the relevant norm of the specific legislation on the judicial system and the status of judges and the procedural (judicial) codes. The latter are more logical, as they clarify that only court decisions that conclude the proceedings are made in the name of Ukraine. In the context of the peculiarities of manifestation in the process of judicial enforcement, the author analyzes the aspects of exercise of law enforcement acts related to the mandatory nature of their implementation; state support for their implementation; and control over their implementation. The above is enshrined in the constitution with further specification in relevant legislation on the judiciary and the status of judges and procedural (court) codes. [ABSTRACT FROM AUTHOR]

According to statistics, men in Russia and most countries of the world are significantly more likely to cause road accidents than women. Understanding the reasons for these differences may be important for developing measures to reduce the number of road accidents. In the literature on Russia, the issue of the causes of this gender gap remains understudied. We analyse the magnitude of the gap in the odds of committing a serious crash by drivers of different genders and discuss possible reasons for these differences. For this, we use a dataset of 158,000 published court decisions under Article 264 of the Russian Criminal Code for the period from 2010 to 2022. We show that 91.7% of all cases involve male drivers. But even after accounting for differences in the number of drivers of different genders and the number of kilometers they drive on average, men are 3.25 times more likely to commit crashes resulting in criminal prosecutions. One reason for these differences is driving safety. Men are also more likely to commit aggravated road accidents. In almost a quarter of cases, male drivers were driving drunk, while for women the figure is only 10 percent. Judges in turn are more likely to give men a serious sentence if it is a non-fatal offence; in more serious cases, the gender of the driver is less important. We also found a very strong variation in the odds of causing a serious road accident for men and women between Russian regions, suggesting the influence of cultural and socio-economic differences.

There has been considerable public discourse around courts allegedly “dismissing” mother's allegations of domestic violence and child abuse when a father alleges that he is being alienated from his children by their mother. The purpose of this project is to test whether this discourse is based on an illusory correlation. Published court decisions from 200 family court cases in Canada were sequentially selected if parental alienation was alleged to have happened to the father and abuse was alleged to have been perpetrated by the father. Independent coders recorded the investigative outcomes of the court cases regarding alienation and abuse, and whether the mother lost child custody. Results indicate that there is an illusory correlation between family court cases involving both allegations of abuse and parental alienation, and that mothers are generally not losing custody to abusive fathers in such rarely occurring cases. [ABSTRACT FROM AUTHOR]

Context: Paediatric pharmaceutics have a significant share in expensive drugs. Recent years have seen significant calls for intervention against high prices for pharmaceutical products. The prohibition of prices that are excessive as a form of abuse of dominance is considered as Competition law violation in the European Union Law and national legal orders of its Member States. Majority of the Organization for Economic Cooperation and Development (OECD) member countries have similar prohibitions in their respective Competition laws with important exemption of United States (US) Antirust Law, although there is some indication of change in US exactly in the area of pharmaceutical sector. Regulation of excessive prices also exists in Competition laws of all BRICS (Brazil, Russian Federation, India, China, and South Africa) countries. The problem of excessive prices in pharmaceutics is one of the emerging themes in Competition law literature and case law development. This is the area where intellectual property rights, usually patent protection, collide with competition rules. Costs of research and development for such pharmaceutics are often very high emphasizing the need for balance between colliding legitimate interests: access to health and research development. Aim: To present regulatory and case law development of application of excessive prices as form of abuse of dominance in pharmaceutical sector with emphasis on paediatric health services. Data source: OECD, PubMed, Google Scholar, Scopus. Conclusion: Balance between competition rules on excessive prices as form of abuse of dominance and intellectual property rights in the area of expensive paediatric pharmaceutics can be regarded as suboptimal. Thus, there is a need for further regulatory development and application of rules on excessive prices in that field. [ABSTRACT FROM AUTHOR]

The influence of judicial verdicts on juvenile offenders' recidivism is critical to understanding the effectiveness of justice and identifying strategies for further improving criminal justice. The effectiveness of court decisions directly affects the relapse into criminal behaviour of this vulnerable category of offenders. The objective of the paper is to examine the effects of court decisions on the recidivism rate among minors. The article reveals that court decisions, ensured by the rule of law and a fair judicial process aimed at rehabilitation and social adaptation, significantly reduce the risk of a relapse into criminal behaviour. The obtained result of the correlation analysis of 0.4660 indicates a stable relationship between the effectiveness of the legal system and the potential threat of recidivism of juvenile offenders. The interpretation of the results reveals the high efficiency of integrated approaches in the judicial system in processing juvenile cases in EU countries. [ABSTRACT FROM AUTHOR]

Rape is a form of gender-based violence in which the line between coercion and consent is frequently blurred or contested. What happens when a court system broadens its definition of rape to include a broader range of coercive and potentially nonconsensual behaviors? In recent decades, South Korean courts have shifted the scope of coercion required for rape convictions, expanding from direct to indirect force to cover a broader range of rape cases. In this article, I investigate what has and has not changed with the expanded definition of coercion, through quantitative and qualitative analysis of 872 South Korean court decisions between 2013 and 2020. The analysis demonstrates that, despite a broader definition of coercion, the coercion-based rape model reinforces gender hierarchy by depicting the victim as the one who is supposed to be severely injured and ashamed in order to be believed. This study contributes to a better understanding of what we lose when femininity is defined by vulnerability, and it also engages the global debate over coercion-based versus consent-based legal models for rape adjudications. [ABSTRACT FROM AUTHOR]

The rapid increase in crime rates in many countries is evidence of the ineffectiveness of the current punishment system and the need to rethink the existing approach to applying punitive sanctions to criminals, taking into account the threat they pose to others. This study aims to build an analytical model for an objective assessment of the level of danger posed by suspects (convicts/prisoners) to society, based on their socio-demographic characteristics and data on previous criminal activity. To achieve this goal, discriminant canonical analysis is used as a multivariate statistical method for classifying objects. The empirical base consisted of data on 13,010 convicts serving sentences in penitentiary institutions in Ukraine. Key factors that have a significant impact on the distribution of criminals into groups (high, moderate, low) according to the level of danger they pose to society have been identified: the age at which a person was first sentenced, early dismissals, suspended convictions, education level, type of employment, the motivation for dismissal. An optimal canonical discriminant model has been constructed that allows for the accurate classification of new cases into the identified groups. The results obtained can be used in the judicial system, probation services, and law enforcement agencies to make informed decisions regarding the measure of punishment, parole, level of supervision, and ensuring public safety. The proposed applied solution can be integrated into an automated analytical system to increase the efficiency of the judicial system. [ABSTRACT FROM AUTHOR]

The article provides an analysis of the legislative regulation of criminal prosecution of judges for making a deliberately unlawful decision or in violation of procedural law. International standards on of criminal liability of judges and judicial immunity, as well as judicial decision, and generalized approaches of legislators of other states to criminalization of rendering an unjust, illegal and/or unreasonable or biased judgement, and for comparison and other acts related to the performance of judicial duties. The article examines the provisions of the Criminal Procedure Code of Ukraine regarding the legality and validity of a court decision. A court decision is based on the principles of the rule of law, it must be made by a court in accordance with the substantive law and in compliance with the procedural law, and must meet the objectives of the relevant legal proceedings, but if it is made on the basis of insufficiently and comprehensively clarified circumstances, then it is an unreasonable court decision that is not deliberately unjust. The study was also based on the case law of national and international courts. The issue of interpretation of “criminal liability” was based on the study of the practice of the Constitutional Court of Ukraine. Compliance with the procedural procedure for bringing judges to criminal liability contributes to the observance of guarantees of their inviolability and independence, plays an important role in the resolution of criminal proceedings on the merits and is a prerequisite for observance of the general principles of criminal proceedings and the delivery of a lawful, reasoned and motivated court decision. The article highlights that the concepts of “injustice”, “illegality” and “unreasonableness” are not synonymous and have different procedural content. [ABSTRACT FROM AUTHOR]

Law n° 11.340/2006 emerged as an instrument for the prevention and repression of violence against women based on their gender. However, there are judicial positions and legislative debates about the purpose of the term inserted in the legislation, being questioned about which women the law refers to. For this reason, it is important to analyze the concepts of sex and gender, based on feminist theory, in addition to the brief presentation of a Bill that intends to define the gender's concept, as well as the recent decision of the Superior Court of Justice, which, in turn, was in favor of applying the Law to trans women. Therefore, this work intends, based on a bibliographic review, to identify theoretical references for classifying concepts and categories that explain the (in)adequacy of the Law in cases of violence against trans women. Is it a misinterpretation or is the Law actually insufficient to protect these women? [ABSTRACT FROM AUTHOR]

Resolving controversial issues related to the content of evaluative features in the context of the judgments of the European Court of Human Rights is important for the development of legal science and practice, since increased integration within Europe requires national governments and judicial systems to pay increased attention to the practice of supranational bodies. The purpose of this study is to analyse the judgments of the European Court of Human Rights, aimed at determining the content of the evaluative features in the context of human rights. For this purpose, the author uses the methods of legal literature analysis, comparative analysis of case law from different countries, synthesis, comparison, and modelling, as well as logical and systematic approaches to the analysis of court decisions. The article establishes that the assessment criteria are an important tool for determining human rights violations and require an objective and proportionate approach. Attention is focused on the role of the European Court of Human Rights in ensuring a balance between freedom of expression and the protection of human rights. The author identifies the need to adapt concepts to digital environments and take into account new challenges. The author analyses the process of determining the evaluative features and demonstrates its significance for establishing the scope of human rights protection. The author identifies different approaches of the European Court of Justice to determining the content of evaluative features in human rights judgments. The emphasis is placed on the interpretation of such concepts as “adequacy”, “excessiveness” and “necessity” in the context of human rights restrictions. The author identifies changes in the court's approach to these concepts over time and changes in the social and political context. The study is important for an in-depth understanding of the interpretation of human rights by the European Court of Human Rights, as well as for the formation of a unified methodology for interpreting the evaluative features in the judgments of courts of different jurisdictions

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

This article starts with the auction of the valid execution and in accordance with the minutes of auction of the Bekasi State Wealth and Auction Service Office (KPKNL) Number 225/2013 with the winner of the auction in good faith, but the auction was canceled by the court in the decision of the Bekasi State Court Number 412/Pdt.G/2015/PN.Bks on the claim of the legal owner of the collateral object against Auction applicant. The creditor filed for the execution of the dependent rights under Article 6 of the Law on Dependent Rights Number 4/1996 on the basis of default. Furthermore, the decision was appealed and then continued with cassation and finally the Review of case Number 664PK/PDT/2020 with the decision to reject the application for cassation and Judicial Review. Weaknesses in the auction rules result in the rights of auction winners not being accommodated and not protected by law. This article is interesting to researched and is the first time it has happened and has not been regulated in the Technical Guidelines of the Minister of Finance Regulation Number 213/PMK.06/2020. As a comparison, the case in Makassar State Court Number 73/Pdt.G/2023. With the method of statutory approach, cases, and theories of laws, then analyzed in the way of legal reasoning, and interpretation of laws. The results showed the legal consequences of the rights of the auction winners due to court decisions, namely experiencing material losses that must be borne by the Bekasi District Court decision. Solutions offered, updating the Vendu Reglement Ordonantie on the conduct of auctions in Indonesia; perfecting PMK Number 2013/PMK.06/2020 concerning technical guidelines legal. The purpose of the study, to examine the legal consequences of the rights of auction winners because the court decision that decided the auction has no legal force.

Constitutional law is concerned with the fact that the executive branch is responsible for the implementation of laws. The latter is also slightly different from a related concept, which is the application of laws, as evidenced by judicial practice. The concept of execution of a court decision is also understood from the point of view of the ECtHR, since the unreasonableness of the delay in rendering the decision entails the responsibility of the state in national legislation on the basis of Articles 6, §§ 1 and 13, ECHR, as the Court reminds "that the right to the execution of a court decision is one from the aspects of the right of access to a court... and that enforcement must be complete, perfect, and not partial." Effective execution of court decisions is an integral part of the requirements of Article 6 of the European Convention on Human Rights. Given the volume of cases pending before the Court and the instruments recently adopted by the Council of Europe in the field of law enforcement. There can be no reasonable doubt that the execution of the decision is an integral part of the right to effective judicial protection, as it is a logical consequence of the court's consideration of citizens' legal claims. The right to effective judicial protection and due legal procedure, as the timely implementation of decisions of the Constitutional Court is an imperative of the principle of legal certainty. It is a fundamental element of the requirement of efficiency, which is part of the process and guarantees compliance with the principles of supremacy and constitutional inviolability by all branches of government and citizens. The enforcement of judgments issued by constitutional courts or tribunals is adjusted to the right of the party in whose favor the judicial authority rules, so that those who issue them or those who are responsible for their execution are obliged to take the necessary and timely measures measures for their strict compliance, in accordance with current rules and procedures. [ABSTRACT FROM AUTHOR]

We investigated the interaction of mental health needs and race and ethnicity on juvenile justice placement decisions. Mental health diagnoses and placement decisions were collected for a large (n = 9765) sample of justice‐involved youth in the state of Texas from 2007 to 2008. Analyses revealed Black and Hispanic youth were overrepresented in secure facilities, although race and ethnicity were not predictive of disposition decisions beyond legal variables. Substance use interacted with race and ethnicity such that Black and Hispanic youth with substance use diagnoses were less likely than non‐Hispanic White youth to be placed in secure settings. Youth with internalizing or externalizing mental health diagnoses received similar placement decisions regardless of race or ethnicity. Findings are in contrast to prior investigations of the interaction of race/ethnicity and mental health needs on placement decisions, perhaps due to the use of mental health diagnoses in the current study rather than other indicators of mental health need. Future research should investigate potential bias present within psychosocial evaluations and resulting mental health diagnoses within the juvenile justice system to inform their utility in the placement decision‐making process, and how these social identities interact to influence each step along the juvenile justice system pathway to identify potential points of biased decision making that may compound the adverse effects of juvenile justice system involvement for youth. [ABSTRACT FROM AUTHOR]

This paper examines the effect of the Supreme Court's new doctrine on the nature of early retirement incentives for municipal public employees and whether they should be paid. Specifically, the Court ruled that early retirement bonuses are in the nature of remuneration and therefore, insofar as they are not established by an act with legal rank, they are contrary to law. This has meant a change of paradigm that has challenged Entities in the Basque Country (and the rest of Spain) in the management of the civil service and has made it necessary to repeal the Agreements regulating the working conditions of public employees and, to consider the possibility of reviewing previously adopted administrative acts. The article studies the regulations affected, the court rulings and the alternatives and solutions that the different local authorities are adopting.

A constitutional complaint to the Federal Constitutional Court is a particularly important institution for the German legal system: it is a highly respected opportunity for citizens to review the violation of their constitutional rights in an independent instance after the exhaustion of the normal judicial process. The high level of trust enjoyed by the Federal Constitutional Court among the population indirectly affects the reputation of the entire German state. But also from a legal point of view, a constitutional complaint is an important tool for protecting the constitution and its fundamental principles. While specialized courts mainly consider specialized law within the framework of common law, the fact that the compatibility of specialized law with the fundamental values of the constitution can also be considered by an independent court that does not belong to either jurisdiction should not be underestimated. Thus, the constitutional complaint is the cornerstone of the constitutional order in Germany. [ABSTRACT FROM AUTHOR]

Our main aim is to identify the key features of spatial disputes concerning decisions on building conditions that concluded with a court decision. Parties to such planning disputes, directions of court decisions and territorial regularities were all identified. Both the database of administrative rulings of the Supreme Administrative Court (391 judgments in 205 municipalities) and data on local spatial planning documents (2.5 million decisions in 2,477 municipalities in Poland) were used. The results show that the initiators of planning disputes concluded in court are mainly property owners and their neighbours. Courts are more likely to uphold an investor's complaint. [ABSTRACT FROM AUTHOR]

Copyright of Recht & Psychiatrie is the property of Psychiatrie Verlag GmbH 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.)

Forensic psychology has been consolidating itself as a specialty in the legal field, including in the scope of labor law, with growing controversies about the mental illness of workers. This article is the result of a qualitative documentary research, which aimed to analyze judicial decisions related to mental disorders and their respective causal link in labor expertise in Brazil. We analyzed 59 decisions published on the website of the Regional Labor Court (TRT) of the Fourth Region between 2019 and 2020. Data were analyzed using descriptive statistics and content analysis. A significant presence of occupational diseases and claims for moral and material damages was observed. For the establishment of the causal link/concause, identified in 59.32% of the cases, the relevance of expert evidence was verified. The participation of the psychologist in such procedures proved to be inexpressive compared to medical experts. Possibilities and limitations related to the psychologist’s professional performance in labor expertise are discussed

This article provides a look at court cases with a medical background that emerged as a consequence of the COVID-19 pandemic. The majority of cases were started or finished as civil lawsuits. The cases are unique and they testify of disputes founded on different bases and forms of damages. They come from foreign case law, primarily from the US and European countries. The cases are different from one another and they usually concern access to healthcare, preventive measures, testing, emergency, and other conditions related to the work of specialist services, etc. The crisis that has arisen certainly cannot change the existing legal standards and other rules related to the responsibility of healthcare institutions and their employees. The crisis does not have that power, but it does bring certain specificities stemming from diverse situations. This is evidenced by the examples from the most recent case law. In order to ensure whether physicians and other medical staff have committed an error, the court must take into account the concrete working conditions of each of them in the context of the pandemic. Healthcare professionals are facing unusual risks related to the tasks they are being assigned. The existing legal regime of responsibility in healthcare provides some answers, but it is not certain that all the situations that have arisen from the healthcare crisis can be analyzed in the same way, especially due to the crisis situation and the dangers in which medical staff had to act.

The paper deals with the concept of “child upbringing” by a parent in the pension insurance. First, attention is paid to which persons are considered to be the parents of a raised child, then the fulfilment of the condition of the child’s upbringing is analysed for the purpose of determination of the retirement age of women as one of the conditions for the entitlement to an old-age pension. The individual aspects of a child’s upbringing are described in selected court decisions. From year 2023, upbringing of a child also plays a role in increasing the old-age pension. In this context, a discrepancy in the legal regulation in the assessment of children who died at a young age is pointed out. The reasons for the emergence of this contradiction are analysed, undesirable effects in determining the retirement age of women are pointed out and possible solutions are outlined.

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article traces the role of artificial intelligence (AI) in the judiciary and its impact on judicial decisionmaking processes. It explores the potential of AI in the field of justice, and also reveals the potential risks associated with its use. The article examines various applications of AI in the judicial system, including automated processing of legal information, analysis of large volumes of data, prediction of court decisions and the use of assistant robots to support judges in decision-making. The use of AI can speed up judicial processes, improve access to justice and reduce the influence of the human factor on judicial decisions. However, the article also draws attention to the potential risks of using AI in the judiciary. These risks include the possibility of algorithmic unfairness, lack of transparency of algorithms, breaches of data confidentiality and privacy, and liability issues for errors that may be made by AI. The authors of the article recommend considering these risks when implementing AI in the judiciary and developing ethical standards and legal frameworks for its use. The general goal of the article is a balanced coverage of the potential and risks of AI in the judiciary, which helps readers get an objective picture of innovations in the field of the judicial system and their impact on the process of judicial decision-making. The article also explores the use of artificial intelligence (AI) in the judiciary and its impact on judicial decisions in global practice. It review current trends, problems and prospects related to the use of AI in the legal system. It also analyzez the legal, ethical and social aspects of the involvement of AI in court procedures. In addition, the article offers conclusions and recommendations for the further development of this technology in legal practice. [ABSTRACT FROM AUTHOR]

The article assesses the compliance of the conceptual and categorical apparatus of tax criminal offences with court decisions in criminal proceedings on these offences. In particular, court decisions in criminal proceedings on tax evasion and duties (mandatory payments) over the past three years, issued by the courts of first instance and appellate courts, as well as legal positions of the Supreme Court were analysed. The tendency of unjustified reduction of attention to tax criminal offences by law enforcement authorities was revealed, which is manifested in the lack of explanatory materials and recommendations for court proceedings, as well as by lawmakers. The article points out theoretical problems related to the lack of a common understanding of concepts and terminology; regulatory and legal problems related to the ambiguity of criminal, criminal procedure and tax legislation; law enforcement problems caused by the complexity of proceedings in cases of tax offences and unequal interpretation of laws. The author's vision of the ways to improve the use of the conceptual and categorical apparatus of tax criminal offences in court decisions is expressed. In particular, this concerns: the development of theoretical and methodological foundations of cross-sectoral terminology; consistency in the interpretation of concepts and categories of tax, criminal, and criminal procedure law; elimination of conflicts in cross-sectoral legal regulation; and raising the awareness of judges in the tax area (specialisation in tax cases in local courts (in particular, in administrative and criminal cases related to taxation)); the development of criteria for the quality of court decisions and the introduction of disciplinary liability of judges for systematically passing unmotivated decisions cancelled by a higher court; updating research on the quality of court decisions in criminal proceedings of all court instances in the context of criminal offences in the field of taxation. [ABSTRACT FROM AUTHOR]

Protection of children's rights in conflict with the law (ABH) is a state obligation. The protection aims to ensure the best interests of the child and to prevent discrimination. As stated in Article 19 of Law Number 11 of 2012, one of the rights is that law enforcement institutions are not allowed to publish the identities of ABH, either in print/ electronic media. However, their identities are still revealed in various Decisions of children's cases. Particularly, their identity is published on the Site of the Supreme Court's Ruling Directory. The purpose of this study is to find out why the Supreme Court Decision Directory Site does not keep the identity of ABH a secret and what are the implications. This research used a socio-legal approach. The results of the study show the management team did not understand their main tasks and rules of protecting the identity of ABH, inconsistency in checking copies of court decisions, ineffective monitoring, and only a handful of people reported the case so this situation is considered normal. The implications of the children’s identity disclosure have affected the rights of children, families, and applicable rules that do not provide legal certainty.

Problems. An applied problem of automating the search for relevant legal positions on a set of court decisions in the judiciary of Ukraine. The possibility of developing a high-quality NLP system for searching for a relevant, contextually justified legal position on a set of court decisions in the judiciary of Ukraine, which, based on the user’s request, produces expert answers to the user’s request by applying a reasoning-search algorithm based on large language models. Objective. To develop and formalize the concept and conceptual model of the NLP system for finding legal positions on the basis of interdisciplinary knowledge of a technical and philosophical direction, which covers the existence of a person, community, enterprises, institutions and organizations, state authorities, and also substantiates the formation of a legal position on the basis of a plurality. legislative acts and court decisions. Methodology of implementation. The method of implementation of the NLP system for searching for a context-based legal position lies in the interaction of the essences of tasks related to the judiciary of Ukraine, tools for analysis, processing, text generation and available available court decisions of the judiciary of Ukraine based on the Erikson-Penker business profile and large language models. Results. The proposed interdisciplinary model of the concept of the NLP system of finding a solution to the problem, tasks and tasks of searching court documents for more rendering of court decisions and/or formation of a legal position in the form of a Venn diagram as a set of entities and their cooperation, which integrates philosophical, legal and technical knowledge. The Erikson–Penker business profile of the conceptual model of the NLP system for searching for a context-based legal position is formalized. A formalized model of the work process of the NLP system of searching for a context-based legal position based on the RAG method. A conceptual model of the NLP system for searching for a context-based legal position has been developed in the form of a structural mapping based on a component diagram and a dynamic mapping based on an activity diagram with a description of the internal structure of the components. Conclusions. A number of important philosophical, legal and technical problems have been identified in the process of searching for legal positions on many court decisions. The interdisciplinary nature of the problem of developing the concept and conceptual model of the NLP system for finding a context-based legal position on a set of court decisions and the need to automate the process of finding a legal position for judicial practice has been established. At the meta levels, the concept of the NLP system for finding context-based legal positions on Venn diagrams and the conceptual model of the NLP system based on the modified Erikson-Penker business profile as a system of entities and cooperation are formalized. A conceptual model of the NLP system for finding a context-based legal position has been developed in the form of a structural mapping based on a diagram of components and a dynamic mapping based on an activity diagram with a description of the internal structure of the components. The functionality of the NLP system was compared with other main existing systems for searching court decisions in the judiciary and it was established that the developed system, at least, is not implemented in terms of functionality of existing systems and has additional opportunities for users. [ABSTRACT FROM AUTHOR]

Copyright of Revista Psicologia. Organizacoes e Trabalho is the property of Sociedade Brasileira de Psicologia Organizacional e do Trabalho 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.)

Shaken baby syndrome (SBS) is a challenging condition from both a medical and legal perspective. The path of the patients differs significantly from those with noninflicted traumas. While treating these cases, it is essential that all history, information and treatment are comprehensively documented. This article describes the investigations and interventions necessary as soon as SBS is suspected. The Oulu University Hospital protocol for suspected child abuse is described. Authors also give an overview of the SBS path in Finland from the police and prosecution's point of view. [ABSTRACT FROM AUTHOR]

This article focuses on the structure of female and male crimes and gender disparities in sentencing in Lithuania, which present a significant gap in criminological research. Using Lithuanian court decisions on five types of offenses—murder, grievous bodily harm, actual bodily harm, drug distribution, and theft—we attempt to answer whether women are punished more leniently than men. Our research demonstrates that gender is a significant factor only in some sentences. Only the length of a prison sentence showed a statistically significant difference. When the importance of legal and extralegal factors in imposing prison length is compared, legal factors are found to be more significant predictors. The prison sentence length was mainly affected by the presence of a prior conviction, additional charges, and mitigating and aggravating circumstances. Although the average prison sentence for men in cases of grievous bodily harm and drug distribution was significantly longer than for women, the regression models developed for each offence type revealed that neither gender nor other extralegal factors appeared to be significant in determining the length of the prison sentence. The results allow us to argue that future research should focus more on analyzing extralegal factors and judges' motives in discretionary sentencing decisions. [ABSTRACT FROM AUTHOR]

This explorative paper investigates the application of human rights to civil law cases in Indonesia. Human rights are often placed within the realm of public law. Yet, fundamental rights and freedoms also apply to private law cases. The human rights literature, however, does not exist in Indonesian private law. This article explores how human rights are applied in Indonesian civil law cases with reference to the models of human rights application developed by Aharon Barak and Olha Cherednychenko. We found that in Indonesia, judges apply human rights law to civil law cases indirectly, yet this application is inconsistent. The Supreme Court has attempted to increase legal unity by making case law (yurisprudensi) more accessible and by issuing internal regulations that must serve as guidelines for judges-including the application of fundamental rights in civil law cases. Case law and guidelines, however, lack thorough legal reasoning and are, therefore, difficult to apply to complex cases. [ABSTRACT FROM AUTHOR]

Introduction: the article analyzes procedural issues in the activities of probation inspectorates in connection with the monitoring of suspects and accused in the execution of restrictive measures in the form of house arrest, bail, prohibition on certain actions. Aim: on the basis of generalization of judicial practice, the activities of probation inspectorates, we identify patterns and procedural problems arising from the implementation of certain measures of coercion, within the framework of which the probation inspectorates are competent to exercise control, as well as to develop proposals for eliminating legal gaps and give organizational recommendations of procedural nature. Methods: general scientific (formal and dialectical logic, system analysis, interpretation) and specific scientific methods (historical legal, comparative legal, formal dogmatic and the method of interpreting legal norms) were used. Results: in the course of the analysis of domestic and foreign legal practice in the field of selection and execution of restrictive measures in the form of house arrest, bail, prohibition on certain actions, some patterns and legal gaps were identified that require legislative decisions, as well as difficulties with the interpretation of relevant legal norms and court decisions in activities of probation inspectorates; proposals were put forward to overcome the identified problems. Conclusions: the appointment and execution of restrictive measures in the form of house arrest, prohibition on certain actions, and bail are consistent with the norms of international law, decisions of the European Court of Human Rights; control functions in relation to persons under investigation are attributed to the competence of probation inspectorates, which are experiencing difficulties due to the lack of elaboration of certain mechanisms for the implementation of these coercive measures; the solution to the identified problems is seen in filling legal gaps in some of the procedural powers of probation inspectorates and improving judicial practice in terms of sufficient specification of court decisions and strict compliance with the requirements of legality.

A child to raise the parents of both parents. Unfortunately divorce has become more and more common nowadays, and hence, establishing contacts in the matter of child, childcare. Often in such cases disputes arise between the parties. Children are usually silent witnesses to the whole situation through which their psyche suffers. There is parental alienation. If the parents are unable to communicate on this level by themselves, the law and all regulations, which in principle constitute a remedy, come to the rescue. [ABSTRACT FROM AUTHOR]

Apart from the loss of time and money, disputes between public authority and private partner in China’s public-private partnership (PPP) projects are destroying the government’s image of PPP support and the private partner’s investment confidence. This article aims to explore the main causes for PPP disputes, present the results of disputes, and then predict the litigation outcomes. Based on 171 PPP litigation cases from China Judgements Online within 2013–2018, the research identified 17 legal factors and explained how these factors influence the litigation outcomes, which are named as “prediction approach” in this study. Nine machine learning (ML) models were trained and validated using the data from 171 cases. The ensemble model of gradient boosting decision tree (GBDT), k-nearest neighbor (KNN) and multi-layer perceptron neural network (MLP) performed best compared with other nine individual ML models, and obtained a prediction accuracy of 96.42%. This study adds meaningful insights to PPP dispute avoidance, such as high compensation of expected revenues could prevent the government from terminating the contract unilaterally. To some extent, if parties consider the case litigation outcome, they are more likely prefer a rational settlement out of court to avoid further aggravation of the dispute, and would also alleviate the pressure of litigation in China.

Background: ‪The paper addresses one of the key issues relating to operations of sports entities, i.e. the liability for the obligations of the management board members. The aim is a comprehensive analysis of the legal basis of this subject, with abundant case-law in this matter taken into account. Material and methods: ‪The study is based on different criteria of the creation of the obligations of sports clubs, which entails a very high degree of complexity and multiplicity of legal rules relating to the problem in question. Taking these criteria into account, an analysis of the views presented by scholars in the field and the relevant case-law has been carried out. Practical problems in the application of the above regulations have also been identified. Results: The results of the research lead to the conclusion that, in the light of the applicable legal regulations, the transfer of liability for the obligations of a sports club to the members of the board entails significant difficulties, especially when public-law obligations are concerned. In view of the above, the potential directions of action from public institutions were presented herein. Conclusions: As part of the conclusions, several options for systemic solutions were put forward, as the current legislation and the established case law of administrative courts do not allow public institutions to effectively pursue the fulfilment of obligations. In view of the above, in the author’s opinion, it is necessary to amend the statutory provisions as put forward in the proposals de lege ferenda.

The evaluation of forensic DNA expert opinions (in some countries expert witness testimonies) and the way it affects criminal judgement is of paramount importance. We have selected one of the largest challenges when it comes to the evaluation of forensic DNA evidence, contamination of DNA samples, and examined how it influences the decisions judges make about the credibility of DNA evidence in Hungary. [ABSTRACT FROM AUTHOR]

After the 2020 events, in which the Black Lives Matter movement emerged, we grew our eyes focused on the debate and problematization of racial issues. In this sense, in the case of Law, we need to analyze whether there is structural racism in the decisions rendered by the Brazilian Judiciary. We understand that there must be limits to the legal interpretation of judges and courts, and the law cannot be what the judges say it is. Solving the problem of racism in Brazilian society is difficult, but we believe that topics on racial issues are important to include in the initial training and improvement of judges. The dialectical method is adopted in this research. Although there are decisions that had racist interpretations, we are not allowed to conclude that the entire Brazilian Judiciary develops a racist interpretation when analyzing concrete cases, even though such decisions, even few, are already capable of causing harm as great as the crime of racism itself. [ABSTRACT FROM AUTHOR]

This paper presents and compares several text classification models that can be used to extract the outcome of a judgment from justice decisions, i.e., legal documents summarizing the different rulings made by a judge. Such models can be used to gather important statistics about cases, e.g., success rate based on specific characteristics of cases’ parties or jurisdiction, and are therefore important for the development of Judicial prediction not to mention the study of Law enforcement in general. We propose in particular the generalized Gini-PLS which better considers the information in the distribution tails while attenuating, as in the simple Gini-PLS, the influence exerted by outliers. Modeling the studied task as a supervised binary classification, we also introduce the LOGIT-Gini-PLS suited to the explanation of a binary target variable. In addition, various technical aspects regarding the evaluated text classification approaches which consists of combinations of representations of judgments and classification algorithms are studied using an annotated corpora of French justice decisions.

The links between food, families and the law seem to be particularly strong in what concerns dietary issues, parental food choices and the best interests of the child. In such a framework, I will examine some recent decisions that have been pronounced by Italian courts having to decide disputes involving such questions in relation to alternative food choices. My claim, drawing on Canguilhem, is that some of these decisions seem to point towards an imposition to normalise food practices and familial behaviours: children and parents are to be educated towards food practices that are seen as in accord with social normativity (normal) and avoid those considered as deviant (pathological).

The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure.

Introduction: There is a legal consensus that the results of medical activities represent obligations of means, not results. However, there is ample discussion when it comes to aesthetic procedures. Resolution 1621/2001 of the Federal Council of Medicine also defines the objective of a medical act in plastic surgery as an obligation of means. This study evaluated 106 cases between November 2015 and November 2017 to verify whether the decisions of the Judicial Power agree with the Resolution of the Federal Council of Medicine. The number of lawsuits and the percentage of claims granted or denied were quantified, and the opinions of jurists and courts that supported the claims granted were verified. The number of cases in which the judge's decision was related to the opinion of a medical expert was also quantified. Methods: The authors searched the judgment database located on the website of the Court of Justice of the State of São Paulo (SP) for damage related to aesthetic plastic surgery, using the keyword "Plastic Surgery" for all actions. Results: A total of 61 claims (58%) were denied, and 45 (42%) were granted. In 96% of cases (102) the judgment was positively related to the expert report. Conclusion: There were 102 cases in which the judgment agreed with the expert reports and only four cases in which the judgment did not agree with the reports. These data show the crucial importance of experts' reports in defining judicial judgments. The analyses of all judgments showed that there were no cases in which the judge considered the Resolution of the Federal Council of Medicine.

This article focuses on the structure of female and male crimes and gender disparities in sentencing in Lithuania, which present a significant gap in criminological research. Using Lithuanian court decisions on five types of offenses—murder, grievous bodily harm, actual bodily harm, drug distribution, and theft—we attempt to answer whether women are punished more leniently than men. Our research demonstrates that gender is a significant factor only in some sentences. Only the length of a prison sentence showed a statistically significant difference. When the importance of legal and extralegal factors in imposing prison length is compared, legal factors are found to be more significant predictors. The prison sentence length was mainly affected by the presence of a prior conviction, additional charges, and mitigating and aggravating circumstances. Although the average prison sentence for men in cases of grievous bodily harm and drug distribution was significantly longer than for women, the regression models developed for each offence type revealed that neither gender nor other extralegal factors appeared to be significant in determining the length of the prison sentence. The results allow us to argue that future research should focus more on analyzing extralegal factors and judges’ motives in discretionary sentencing decisions.

Copyright of Archivos de Criminología, Criminalística y Seguridad Privada is the property of Sociedad Mexicana de Criminologia Capitulo Nuevo Leon, A.C. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article analyzes the problems that arise when trying to execute a judicial decision, issued by a Family Judge of First Instance or a judicial agreement with res judicata authority. The Civil Procedures Code in force in the State of Tabasco, in its articles 383 and 385 establish the forms of "FORCED EXECUTION" and "DIRECT EXECUTION". Of which it is interpreted that direct execution is updated when the adversary of the party requesting execution does not necessarily have to intervene; interpreted a contrary sensu, the execution takes place when there is opposition by the opposing party. However, the procedure to be followed is not specified, especially when there is a party that opposes the execution; Therefore, in the absence of an express provision, the execution is followed through an incidental claim, in which the parties have to again submit to a trial, offer evidence, and release it, until the issuance of a judgment in which the authority again orders its fulfillment and that it is many times delayed. It is similar when in an informal resolution psychological therapies are ordered to the parties, and once it is raised to the category of res judicata, the filing of the procedure is ordered when it has been concluded; without following up on psychological therapies. Hence the importance of having an enforcement procedure in family matters, as well as an authority in charge of the procedure such as an enforcement court. [ABSTRACT FROM AUTHOR]