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Conciliation institutions reduce caseload. Some states also see them as a way to ensure public access to justice and strengthen social peace. This article introduces a systematic approach to conciliation procedures, or pre-court mediation. It describes such concepts as social management system, legal regulation, judicial activity, justice, judicial enforcement, alternative methods of dispute resolution, and conciliation procedures. The research relied on the methods of formal logic, legal system analysis, formal legal method, and functional methods. The author identified a system of social regulation that combines reconciliation and legal procedures, as well as classified domestic conciliation institutions as private, private-public, and public. Institutions of public conciliation appear when private reconciliation integrates with jurisdictional activities. Public principles enter conciliation procedures if the state body, e.g., court, has the right to regulate, organize, or conduct reconciliation, as well as approve its results. Pre-court reconciliation has some advantage for the parties. First, it is effective if both parties sought reconciliation: even if the decision is not ideal, they may still find it satisfactory. Second, mediators are free to employ a wider range of regulators, both legal and non-legal, e.g., morality, religion, traditions, corporate norms, etc. Third, conciliation procedure is much less complex than a trial. Pre-court mediation is beneficial for the society in general and needs to be popularized as an effective de-litigating tool that is profitable for both parties. However, the scope of alternative forms of dispute settlement could be expanded only if the parties understand the personal benefits they get from pre-court mediation.

In the article, the author analyzes the available scientific approaches to understanding the concept of «function» in general and to those related to law enforcement by objects and subjects, in relation to which their functions are distinguished. In particular, the author summarizes the understanding of the meaning of the concepts of «functions of law», «functions of the state», «functions of law enforcement», «functions of the court», «functions of justice», and directs his scientific research to the study of the specifics of the separation and interpretation of the content of the functions of law enforcement, which is carried out a special entity - the administrative court and courts whose competence includes consideration of cases on administrative offenses. The author's understanding of the functions of judicial enforcement in the order of administrative proceedings and judicial proceedings in cases of administrative offenses, the consideration of which is assigned to the competence of the court, is offered as possible options for the influence of the court's activity on the administration of justice (consideration of administrative cases and cases of administrative offenses), law enforcement acts of the court on the behavior persons under private and public law. The author notes such common ways of highlighting the functions of judicial law enforcement in scientific and other sources as their characteristics: through the disclosure of the content of generalized categories («functions of the state», «functions of law», etc.); through disclosure of the content of categories closer to judicial law enforcement, in particular: a) through detailing (clarification, highlighting the specifics) of law enforcement functions in general (including the law enforcement function and the function of individual legal regulation); b) due to the detailing (emphasis on specificity) of the functions of the subject of application - the court (including, among others, the restoration of the violated rights of individuals and legal entities; control over legality in the country; guaranteeing. Having studied the content of concepts related to the functions of judicial law enforcement, the author emphasizes that any legal concepts with the component «function» combine such characteristics as «activity», «dynamics», «possibility of influence for the purpose of change», etc. Most of the functions that are outlined in scientific sources as «functions of law» have a manifestation, and, therefore, can be simultaneously recognized as functions of judicial law enforcement, which is carried out in the order of administrative proceedings and judicial proceedings in cases of administrative offenses (those cases whose consideration is assigned to the competence of the court). Among such functions, the author singles out informative, indicative, preventive, educational and communicative functions, and also emphasizes the special role of protective and protective functions of judicial law enforcement. [ABSTRACT FROM AUTHOR]

The article discusses the characteristics of judicial application of legal norms as a stage of implementation of these norms. It is noted that judicial enforcement neither in administrative proceedings nor in the process of court consideration of cases on administrative offenses cannot start the process of implementing legal norms. In the first case, the appeal to the administrative court occurs as an element of the protection of the rights of a certain subject, that is, the actions for the realization of the right due to it were already carried out by this subject and for some reason (most often - due to the reasons for their violation by subjects of authority) were not implemented and require the intervention of the judicial branch of government. In the second case (in administrativedelict proceedings), the participation of the court is also a continuation of certain relations that have already arisen (when prohibitions were violated) and require a state response. In both cases, judicial enforcement also does not complete the process of law enforcement, because further actions (voluntary or coercive) to implement court decisions are foreseen. Having studied scientific views on the staged implementation of legal norms, the author proposes a simplified model of it (regarding judicial enforcement in the order of administrative proceedings), in which judicial enforcement can appear as the second stage of the process of implementing legal norms (the first is unsuccessful (due to obstacles or any other reasons) an attempt to implement in the forms of «execution», «use» or «observance», the second - appeal to the administrative court and the latter's actions from judicial application). The author's position is expressed regarding the mandatory or optional nature of judicial enforcement as a stage of legal enforcement. It is noted that the law enforcement activity of the administrative court cannot be recognized as a mandatory stage from the point of view of the initiative of its initiation, because the established right to judicial protection may not be realized by subjects of private law. On the other hand, if there is such an appeal to the court for protection, its consideration is mandatory. Judicial enforcement is mandatory in cases where it is necessary to protect the interests of the state and maintain law and order. In particular, in the case of the commission of an administrative offense, the consideration of which is assigned to the competence of the court, judicial enforcement is mandatory, if all the necessary conditions for its implementation are present. The provision on the lack of interest of law enforcers in the final results of their law enforcement in relation to judicial enforcement is discussed, taking into account the peculiarity of the law enforcer - the court, which, as a representative of the judicial branch of government, which is one of the branches of state power, has a certain indirect interest in the results of its law enforcement (interest from the position of global interest - ensuring the operation of justice). [ABSTRACT FROM AUTHOR]

Credit from suppliers is an important source of finance for firms. It can sustain firms' financial flexibility even in periods of downturn. In this study, using a large database of 90,763 Italian firms in the 2015–2021 period, we investigated how local financial development affects the trade-credit policies of SMEs and how this effect is conditioned by the degree of judicial enforcement. Given that trade credit can be a substitute for bank financing, we find that firms make more use of trade credit in developed financial markets. Moreover, we highlight the finding that a higher degree of judicial enforcement, which reinforces the role of contracts in the market, amplifies this effect. Finally, we observe that the COVID-19 crisis has reduced both the positive effect of local financial development and the positive moderating effect of enforcement in the use of trade credit. [ABSTRACT FROM AUTHOR]

Introduction. Participants in partnerships and societies often face problems in exercising the right to information in the form of an audit, resorting to judicial protection after exhausting pre-trial settlement methods. The article offers a justification for the requested inspection as mandatory. It is argued that in the context of updating the legislation on auditing activities, there is an expansion of the range of issues to be clarified by the courts when considering disputes regarding the exercise of the right to conduct an audit.Materials and methods. The study is based on the analysis of arbitration court decisions on disputes in the area of exercising the right to conduct an audit of a business company by its participants. The legal identification of an audit at the request of a participant in a business company as mandatory was carried out using the method of analogy and the formal legal method.Analysis. The grounds for conducting an audit of a business company by its participants are established by a norm of federal law, imperative according to the method of legal regulation, and the content of the emerging legal relations is characterized by the requirement to conduct an audit and the obligation to conduct it corresponding to each other. While not being de jure mandatory, the audit in question is de facto mandatory. Examining the circumstances of disputes regarding the exercise of the right to conduct an audit, the court consistently determines: firstly, whether the plaintiff has the status of a participant in the company; secondly, whether he submitted a corresponding demand to the company, and with what result; thirdly, the court should make sure that a company participant has no signs of abuse of the right to receive information about the activities of the company. The court also evaluates the parties’ compliance with the requirements of the legislation on auditing activities and their fulfillment of responsibilities related to the audit.Results. An audit at the request of participants in partnerships and companies corresponds to the characteristics of a mandatory audit. Clause 2 of Article 5 of the Federal Law “On Auditing Activities” needs clarification, which establishes the annuality of mandatory audits by including in it other cases provided for by federal laws. It has been established that when considering disputes regarding the audit of a business company, the courts are guided by the approaches formulated in the documents of the Presidium of the Supreme Arbitration Court of the Russian Federation on the provision of information to participants of business companies. At the same time, in the context of updating legislation on auditing activities, courts will need to pay attention to compliance with the rules of independence of auditors and audit organizations, as well as evaluate the audit agreement for the presence of information in it about the new subject of audit legal relations - the head of the audit.

When it comes to the enforcement system, in one way or another, the debate opens regarding the dilemma of which practice or enforcement system is more effective. Unfortunately, the answer is a bit complicated. Firstly, we can say that the most applied forms are the private enforcement system, the judicial system, and the mixed one, leaving the administrative system as a less applied form. The choice of one enforcement system before another is not implicated by international entities. It's rather a matter of taste or a suggestion of national experts who deal with analysis within the idea of a 'more effective judicial system'. Almost all the states in the region, except Bosnia and Herzegovina, have made efforts and achieved a degree of privatization of their enforcement systems. The official positions of the states in the region are that they have accepted the privatization of enforcement and relieved the burden from the courts! However, we consider that in all states of the region, there are controversial dilemmas in terms of the role of the bailiff, the enforcement powers, the conditions for the election of the bailiff, and the significant role that the courts continue to have in the enforcement process. Among other things, this research deals with the advantages and disadvantages of each enforcement system and the specific institutes that have been included in the respective systems, such as preparation for the fulfillment of the debtor's obligation in two months (the case of Croatia), higher enforcement fees (the case of RNM), the criteria for the appointment of enforcement officers are much lower (the case of Albania, Croatia, Slovenia, Serbia, Montenegro), etc. [ABSTRACT FROM AUTHOR]

This article shows that judicial enforcement has substantial effects on firms' decisions with regard to their employment policies. To establish causality, I exploit a reorganization of the court districts in Italy involving judicial district mergers as a shock to court productivity. I find that an improvement in enforcement, as measured by a reduction in average trial length, has a large, positive effect on firm employment. The cross-sectional heterogeneity of the results suggests that stronger enforcement reduces financing constraints, boosting employment as a result, especially in firms characterized by higher complementarity between labor and capital. Moreover, in the presence of stronger enforcement, firms can raise more debt to dampen the impact of negative shocks and, in this way, reduce employment fluctuations. Consistent with this result, worker-level evidence shows that strong enforcement reduces the likelihood of unemployment. [ABSTRACT FROM AUTHOR]

Credit from suppliers is an important source of finance for firms. It can sustain firms’ financial flexibility even in periods of downturn. In this study, using a large database of 90,763 Italian firms in the 2015–2021 period, we investigated how local financial development affects the trade-credit policies of SMEs and how this effect is conditioned by the degree of judicial enforcement. Given that trade credit can be a substitute for bank financing, we find that firms make more use of trade credit in developed financial markets. Moreover, we highlight the finding that a higher degree of judicial enforcement, which reinforces the role of contracts in the market, amplifies this effect. Finally, we observe that the COVID-19 crisis has reduced both the positive effect of local financial development and the positive moderating effect of enforcement in the use of trade credit.

The article intends to analyze the effectiveness of enforcement in Brazilian civil procedural law, with the aim of seeking to understand whether the executive process can achieve the goal for which it is proposed. Therefore, through a bibliographic and documentary research, it performs a descriptive analysis of the problem of the effectiveness of the judicial enforcement. Likewise, it examines both technological solutions and the project to dejudicialize judicial enforcement, as measures to make it more effective in Brazil, demonstrating how such paths can actually lead to a more effective search for the proper fulfillment of the obligation.

The subject. The authors analyze the process and results of 30 years of reforming judicial activity in contemporary Russia, formulate and substantiate the conceptual foundations of promising transformations and specific proposals for continuing the reform, increasing the efficiency of the judicial system and protecting human rights, freedoms and legitimate in-terests.The purpose is to confirm or disprove hypothesis that the Russian judicial reform needs to be adjusted in order to remain the most important factor in building the rule of law and civil society.The research methodology includes the methods of analysis and synthesis, historical, com-parative legal and formal legal methods.The main results, scope of application. The court is one of the most democratic and civilized tools for resolving social conflicts and protecting human interests. Judicial reform is a con-ceptually formed, cardinal and progressive transformation carried out in the historical pe-riod in order to organize the optimal model of the judicial system and achieve maximum efficiency of its functioning to protect the rights and freedoms of the individual, the inter-ests of society and the state. The Russian court was transformed, became the real judiciary power and took its place in the state mechanism during the reform period. The judicial sys-tem was built on new principles, procedural legislation was updated, a number of other measures were taken to improve the status of the court and its role in society. It is necessary to generalize the existing practice and regulate all problematic aspects of the formation of the judicial corps at the legislative level. We need to make this process clear and transpar-ent. Justice as a social and legal value and a significant international goal of sustainable development should be implemented in Russian domestic policy and strategic projects. The strategy and tactics of digital transformation of judicial activity, more active introduction of modern tools in it, while ensuring human rights and freedoms in this process, are particu-larly in demand in the context of the coronavirus pandemic,The conclusion is made that judicial reform is the most important factor in building the rule of law and civil society. However, it has not been completed and its potential for social influence has not been exhausted. Therefore, conceptual foundations and specific proposals for further transformations, increasing the efficiency of the judicial system in order to protect human rights, freedoms and legitimate interests have been formulated and substantiated.

The subject. Constitutional principles as phenomenon that attracts increasing attention of researchers in the development of post-soviet national legal systems.The purpose of the paper. The purpose of this study is to reveal the relationship between constitutional principles and law enforcement.The methodology of the study. The author of the study used general scientific methods of cognition: analysis, synthesis, abstraction, as well as applied practical methods such as statistical and case-method. The research is also based on the regulatory legal acts and judicial practice, as well as on the opinions of representatives of legal science in the analyzing sphere. The main results and scope of their application. There are several reasons for scientific attention to constitutional principles. On the one hand this is connected with the increasing interest in natural law, forms of its manifestation, in the crisis conditions of the development of modern States and societies. On the other hand, on the territory of the post-Soviet states, the sphere of law enforcement is at the stage of its reform, as are the national legal systems themselves. In this regard, the search for effective methods of improving legal institutions and law enforcement relations becomes urgent. This method, according to the author, could be natural law in such a form of its manifestation as constitutional and legal principle.Constitutional principles as fundamental principles (ideas, requirements) fixed in the norms of law or followed from them. They reflect the essence of law and determine the content and procedure for the implementation of legal regulations in socially significant situations, determine the law enforcement sphere of the state. Judicial law enforcement is a complex process. As a result of their functioning a legal prescription as a model of behavior through the activities of a special subject - the court is embodied in real social relations.Conclusions. The constitutional principles at various levels, from ideas to specific regulations, relating to state and society in general and specific to their individual institutions, serve as the basis of law enforcement. They determine judicial activities, the subjects of law enforcement, procedure, jurisdiction, establish its boundaries and a measure of its quality.

The purpose of the study is to cover the judicial rule as a way to ensure the rule of law in the judicial activity of the countries of the continental legal system, which are in a transitional period of their development when the transit of legislation is relevant. Scientific research methods include comparative, dialectical, prognostic, as well as methods of modelling, and correlation, which allowed to develop the definition of judicial supremacy as a special type of judicial enforcement by the courts of cassation during the development of legal conclusions and legal positions on the application of substantive law. There is a definition that judicial supremacy in the countries of the continental legal system is considered as a special, closely related to the lawmaking role, law enforcement procedure of the Supreme Court on resolving conflicts between the ideal of a legal provision and a persuasive precedent of a specific law enforcement situation. Therewith, a categorical conclusion is made regarding the inadmissibility of tracing the approaches of common law countries, the development of judicial precedents in its pure form into the format of judicial law enforcement of the countries of the continental legal system. It was proven that the rule of law is the result of the privileged power of the Supreme Court during the review of court decisions on the interpretation of laws. However, this power is not the highest, because the interpretation of constitutional provisions is a unique function of the Constitutional Court of countries where there is a model of centralised constitutional control. [ABSTRACT FROM AUTHOR]

We offer the first systematic inquiry into the role of caseload for efficacy of judicial enforcement, a critical but underexplored stage of the judicial process. We first develop a stylized model that elucidates the interrelated nature of judicial effort choice in enforcement versus adjudication. We then examine the model's prediction using data from labor courts in Brazil, where inefficacious judicial enforcement has been an enduring policy concern. Judicial efficacy at disposing enforcement cases is, as hypothesized, positively associated with both pending and newly filed enforcement cases, but, notably, negatively associated with pending adjudication cases. Thus, judges perceive the tasks of enforcement and adjudication as substitutes, not complements. We clarify the policy significance of this finding. More generally, our analysis demonstrates that assessment of judicial efficacy in one specific domain necessitates careful consideration of judicial caseload in all domains. [ABSTRACT FROM AUTHOR]

Women's rights litigation has produced varied outcomes in many African countries. Although courts have looked at the legislation that discriminates against women with different degrees of success, matters such as tradition and culture continue to be unpredictable when subject to lawsuit. In Tanzania, the judiciary has gradually begun to recognise that discrimination on a prescribed ground cannot be justified. However, this principle has not blocked some judges from maintaining that gender discrimination based on customary rules can still be justified, despite the existence of internal, regional and national human rights law, which prohibits it. It is contended that the judiciary has a significant role to play in ensuring that customary law and harmful traditional practices are reformed and advanced to comply with human rights legislation and ensure equality between men and women in Tanzania.

Abstract With the continuous development of computer technology and the popularization and application of various types of intelligent algorithms, there are also applications in the current administrative judicial system in China. In order to be able to reasonably realize the fairness of criminal justice activities, the relevant deficiencies in the implementation of the supervision of criminal penalty enforcement are made up. In order to reasonably improve the execution plan, the legal authority of judicial administration is established. The implementation of the judicial enforcement program in the administrative law system is researched based on the annealing algorithm. The optimization of the annealing algorithm is used to optimize the execution of the program flow. The results show that the annealing algorithm can optimize this solution.

The introduction of provision concerning budget allocation for education in the amended constitution is not a common method in constitutional drafting in Indonesia. This article aims to understanding the background of the inclusion of this provision and its judicial enforcement. It argues that the establishment of this provision closely related to the fact that education was not properly funded. As a result, the quality of education was negatively affected. The constitutionalisation of budget for education opens the possibility to allocate the national budget in this field in a more sustainable way. In addition, by constitutionalizing budget for education, there is a legal avenue available to challenge the government policy if the government fails to fulfill its constitutional obligation. The newly established Constitutional Court has the power to review whether the allocation of national budget for education is consistent with the Constitution. In some judicial review cases on budget for education, the Court took legal approach and also extralegal factors in its rulings.

After a decade of progressively enforcing social rights, Argentina's Supreme Court started a new course in a 2012 decision on the right to housing. There the Court adopted a more restrictive approach to judicial enforcement of social rights. In the following years, it also limited the scope of the groups entitled to those rights and did not include relevant criteria adopted by the UN Committee on Economic, Social and Cultural Rights. Two new judges joined the Court in 2016, and they seem to consolidate this restrictive approach. The article examines a series of decisions on social rights from 2012 to 2018 in order to provide a more detailed description of the process and its possible future development. [ABSTRACT FROM AUTHOR]

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Women's rights litigation has produced varied outcomes in many African countries. Although courts have looked at the legislation that discriminates against women with different degrees of success, matters such as tradition and culture continue to be unpredictable when subject to lawsuit. In Tanzania, the judiciary has gradually begun to recognise that discrimination on a prescribed ground cannot be justified. However, this principle has not blocked some judges from maintaining that gender discrimination based on customary rules can still be justified, despite the existence of internal, regional and national human rights law, which prohibits it. It is contended that the judiciary has a significant role to play in ensuring that customary law and harmful traditional practices are reformed and advanced to comply with human rights legislation and ensure equality between men and women in Tanzania. [ABSTRACT FROM AUTHOR]

Polarization of the Cold war was reflected in different approaches of the human rights protection followed by the two blocks. Two separate legally binding instruments that guarantee civil and political rights on one hand and economic and social rights on other hand were adopted in the United Nations and the Council of Europe as well. This was followed by different monitoring mechanisms set out in these instruments for their protection. After the World War II, the focus of the international community was set on the civil and political rights. It was considered that economic and social rights cannot be subject to courts decisions because of different reasons, such as the provision for their progressive implementation or the way in they were stated (often considered to be too vaguely). However, judicial enforcement of economic and social rights is essential in completion of the other existing mechanisms for their protection. This is confirmed in the growing jurisprudence on economic and social rights of regional bodies and some national courts. [ABSTRACT FROM AUTHOR]

Abstract This article compares the legal protection of privacy and personal data principally in common law jurisdictions. It points out that the growth of privacy law in these jurisdictions has traditionally centred on the ability of individuals to bring claims to court, with claims largely dealt with as a matter of common law (i.e. judge-made law). However, the absence of a generally accepted principle that individuals should be free to bring a claim in court for a breach of a statute has worked to limit the development of (statutory) data protection norms in the common law world. Nevertheless, the situation now appears to be changing with some recent cases.

Economic, social and cultural right (“social right”) have historically been viewed as distinct in natyre and scope from civil and political right. Rather than being viewed as judicially enforceable rights of immeadiate application, such rights have widely been considered non-justiciable programmatic goals to be archieved progressively within available resources, through political processes. The purpose of this paper is to provide the legal and analytical tools to understand why this dichotomy is false. The paper will consider the international normative framework for the legal protection of social rights, the specific content of state obligations under treaties dealing with such rights, how the international social rights monitoring system functions, and the various obstacles and opportunities currently facing the judicial enforceability of social rights. In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

This essay tries to establish the basic patterns that judges must follow when facing the adjudication of the Charter of Fundamental Rights of the European Union. The basic point of reference is the case law of the European Court of Justice. But they also must be take into account the case law of the Spanish Constitutional Court and the European Court of Human Rights. After the study of the most important cases in the topic, the essay attempts to clarify when and how to follow the jurisprudence of these High Courts. [ABSTRACT FROM AUTHOR]

Ustavno pravo na pravično suđenje nije povrijeđeno odbacivanjem ovršnog prijedloga budući da se nakon osnivanja Fonda ograničene odgovornosti ne može tražiti pokretanje ovršnog postupka.

This paper uses the case of Italy to investigate the effects of local financial and socio-institutional development on productivity. The analysis employs firm-level productivity data and exploits variations in banking sector development, judicial enforcement, and social capital across Italian provinces. After controlling for potential endogeneity, our empirical results suggest that the real effects of financial development are conditional on the quality of the socio-institutional environment. In particular, we find that the positive effects of greater financial depth on productivity are stronger when the socio-institutional environment is sufficiently developed. Therefore, to exploit potential productivity gains stimulated by financial development, it is necessary to achieve a higher-quality socio-institutional environment, including reducing the duration of civil trials. [ABSTRACT FROM AUTHOR]

The article deals with the role of the Supreme administrative court of Ukraine on ensuring uniformity of judicial practice. It is proved that the mode of the unity of law enforcement in a state depends not on the structure of the judicial system but on the essential content of permissions of its each element; on the clear delimitation of functions between the highest judicial institutions; on the existence of procedural and organizational mechanisms contributing to an allowable communication between courts with the only subordination to the Constitution and law. It discusses procedural and non-procedural mechanisms of ensuring unified law application. The importance of such non-procedural acts of the Supreme administrative court of Ukraine as the resolution of the Plenum, explanations and information letters are analyzed in detail. The author justified borrowing of European experience in collegial (by all members of the court chamber of the Supreme Court) consideration of the cassation complaint, in order to ensure the uniform application of the current legislation by administrative courts. [ABSTRACT FROM AUTHOR]

The EU provisions on species protection and the environmental assessment together with the corresponding jurisprudence provide us with a wide array of pieces that may appear confusing, in particular if the Conventions of Bern and Rio are taken into account. But like a puzzle these pieces can be assembled into a coherent system that could significantly strengthen the effective-ness of both areas of EU environmental law. This system comprises on two stages: in the first stage the concerns of species protection must be integrated into the environmental assessment and in the second stage the information obtained provides the foundation for the subsequent decisions on plans, programmes and projects. A consequent application of this approach should help to improve respect of species conservation rules in the context of many activities and add "teeth" to the assessment obligations. [ABSTRACT FROM AUTHOR]

This article discusses the possibility of judicial enforcement of basic social rights. The relationships between the principle of equality and social rights are described to this purpose, concluding that these rights are not only a requirement for defacto equality, but also a requirement for de jure equality. Moreover, the author argues that the recognition of only civil and political rights as judicially enforceable, excluding basic social rights, entails an unreasonable distinction of treatment, which is therefore discriminatory, being thus affected by a presumption of unconstitutionality. Finally, the discussion is centered in the arguments in favor and against the judicial enforceability of basic social rights, aiming to demonstrate the unreasonability of the unequal treatment that occurs when judicial enforceability is denied. [ABSTRACT FROM AUTHOR]

This article is concerned with ways in which integration of the UNCRC within national legal systems can help support realisation of the objectives of the UNCRC. Whilst the UN Committee on the Rights of the Child rightly attaches importance to justiciability of the provisions of the Convention, equally important for many of the UNCRC's provisions are strong parliamentary and administrative mechanisms which do not depend on an individual claim of rights violation. Advantages of such mechanisms include greater opportunities for deliberative engagement and for measurement of impact on the lives of children. The article considers the proposed Rights of Children and Young People (Wales) Measure 2010 as a legislative model for such a mechanism. [ABSTRACT FROM AUTHOR]

This paper uses the case of Mazibuko v. City of Johannesburg, now set down on appeal in the Constitutional Court of South Africa, as the basis of a discussion of judicial enforcement of social and economic rights, with special emphasis on the right of access to sufficient water. The paper compares the conditions of the black township residents who brought the lawsuit and residents of wealthier, white areas of Johannesburg and calls attention to trends in water policy in South Africa running counter to egalitarian goals of the Constitution. The paper argues that judicial enforcement of social and economic rights can (although it does not necessarily) advance democracy by affording every person the minimum conditions necessary for meaningful political participation and enjoyment of his or her political, social, and economic rights. The paper proposes a new legal approach for analyzing access-to-water and other socioeconomic rights issues -- the 'developmental-reasonableness' test which incorporates equality principles -- as better suited than existing approaches to the transformative aspirations of the South African Constitution. The proposal urges that socio-economic rights jurisprudence emphasise redistributive measures. [ABSTRACT FROM AUTHOR]

The author analyses the rise and development of the institute of enforcement of court judgments in Russia, beginning with the court reform of 1864 till the present. The institute of enforcement of court judgments in Russia has experienced some substantial reforms due to radical time change, that is why its development is very interesting for legal researchers. Court bailiffs in Russia appeared during the court reform of 1864. Bailiff's activity was based on the territorial principle -- districts were divided into regions, in each of which one bailiff operated. This article describes the enforcement of court judgments during the Soviet period. After the Soviet October revolution of 1917, workers began establishing various institutions on their own initiative. The functions of bailiffs were implemented by commissars, militia, executive committees and even deputies of workers and soldiers. They were controlled by the courts. In 1924, when court system was changed, the institutions enforcing court judgments were not abolished. Court bailiffs were established in district courts. There were courts which did not have court bailiffs, for this reason the militia forces, tax and insurance inspectors were involved in the enforcement procedures. In 1938 when the court system was changed again, court bailiffs were placed under the highest courts of the soviet republics, also the courts of populace, district, country, region, autonomic regions. Currently court bailiff orders have become legally binding for all natural and juridical persons. During the Second World War bailiffs had a right to apply surcharges for the enforcement expenses. They were also allowed to charge 5 percent premiums from these sums. In 1964, when the Code of Civil Procedure was adopted, one chapter of this code addressed enforcement. Court bailiffs were established under every district and town district court and functioned in the juridical territory of that court. Approximately in 1990 the political system broke down and the system of the soviet period became ineffective. In 1997 legislation was adopted, beginning a reform of court bailiffs. Enforcement became a separate branch of law. This article attempts to identify the problems and their solution. The author suggests to return to the premium system and to institute a double system of bailiffs: state and private by interest -- bearing the proportions of 70x30. Since 1st February 2008 a new law on enforcement of judgements came into force which expanded the powers of law enforcement institutions. It will be interesting to see whether it will improve the efficiency of enforcement proceedings. [ABSTRACT FROM AUTHOR]