Suchergebnisse

Another step forward in the burgeoning legal science of court decisions is represented in this article by Dr. Ulmer of Michigan State University's Department of Political Science. Using coefficients of reproducibility and scalability, he shows how highly consistent is the position of individual Supreme Court justices concerning deprivations of civil liberties. While this note deals specifically with the application of scaling techniques to judicial materials, the methods described may be generalized to other types of political data.

In his comparative study, Bartosz Karolczyk focuses on the analysis of procedural provisions pertaining to the preparation of trial. This stage in the proceedings, following its common law origin, is often called pretrial. The goal of this preparatory stage is to increase both the transparency and efficiency (reduce cost, increase accuracy of decisions) of civil litigation.The author extensively discusses Polish law (in the light of the 2012 amendments), German law and American (federal law). Some references are also made to Norwegian law and Lithuanian law. The purpose of the analysis is to synthesize existing trends and the essential elements of effective pretrial regulations. This requires reconstruction of the sequence of procedural actions taken by the court and the parties, as well as the relationship between them and the actors.In conclusion, the author recaps his findings. In addition, by putting forth three theses he identifies the main challenges to the evolution of Polish procedure in accordance with European trends. He concludes with specific recommendations for the Polish legislator.

In his comparative study, Bartosz Karolczyk focuses on the analysis of procedural provisions pertaining to the preparation of trial. This stage in the proceedings, following its common law origin, is often called pretrial. The goal of this preparatory stage is to increase both the transparency and efficiency (reduce cost, increase accuracy of decisions) of civil litigation.The author extensively discusses Polish law (in the light of the 2012 amendments), German law and American (federal law). Some references are also made to Norwegian law and Lithuanian law. The purpose of the analysis is to synthesize existing trends and the essential elements of effective pretrial regulations. This requires reconstruction of the sequence of procedural actions taken by the court and the parties, as well as the relationship between them and the actors.In conclusion, the author recaps his findings. In addition, by putting forth three theses he identifies the main challenges to the evolution of Polish procedure in accordance with European trends. He concludes with specific recommendations for the Polish legislator.

The integration of IT and Internet technologies in the work of the judiciary institutions has become a major factor in the changes in the administration of justice. On the one hand, technology has become accessible to law enforcement agencies and has become an effective means of carrying out their work and managing document flow. On the other hand, ICTs have been made accessible to citizens and users of the justice system and to electronic reporting provided by the judicial authorities and other online services. The potential of technology is to provide more and more new or improved services in the field of justice, as well as the ability of citizens to actively use them.The publication of court documents and the provision of data on court cases electronically via the Internet affects a wide range of public relations and rights enshrined in national and international regulations.One of the main elements of the legislation on the access to information is the principle that public institutions must follow a policy aimed at publishing information of general interest without filing an application, i.e. Proactive publishing policy.

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of
extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were
punished rather severely. Particular attention is drawn to the state's approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

In the article the author identified the advantages and disadvantages of formation of the judicial corps and proposed ways of improving the Ukrainian legislation to improve its efficiency. ; В статье выявлены недостатки и преимущества формирования судейского корпуса и предложены направления совершенствования законодательства Украины для повышения его эффективности. ; У статті виявлено недоліки та переваги формування суддівського корпусу та запропоновано напрями вдосконалення законодавства України для підвищення його ефективності.

In the article the author identified the advantages and disadvantages of formation of the judicial corps and proposed ways of improving the Ukrainian legislation to improve its efficiency. ; В статье выявлены недостатки и преимущества формирования судейского корпуса и предложены направления совершенствования законодательства Украины для повышения его эффективности. ; У статті виявлено недоліки та переваги формування суддівського корпусу та запропоновано напрями вдосконалення законодавства України для підвищення його ефективності.