Administrative and Criminal Justice最新文献

{"title":"COURT INTERPRETER IN CRIMINAL PROCEEDINGS","authors":"Margarita Božko-Čače, Lāsma Drozde","doi":"10.17770/ACJ.V4I85.3669","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.3669","url":null,"abstract":"Court interpreter plays a specific and important role, which is often underestimated in criminal proceedings. One of human rights’ aspects deals with ensuring a high-quality translation in order to make the procedure available for a person, who does not understand the proceedings language, ensure one’s rights and administer justice. The aim of the study is to find out the legal ground of court interpreter’s activity in criminal proceedings, to reveal and analyse related issues. In the article, the authors reveal topical issues linked to legal regulation concerning court interpreters and offer solutions. Namely, to ensure efficiency of court interpreter’s work, a judge should create as beneficial working conditions for an interpreter as possible, make breaks every 2 hours during court hearings, speakers (judges, prosecutors, lawyers, specialists, experts) should be trained in the field of public speech and how to work with an interpreter as well as court rooms should be ensured with modern interpreting equipment. In order to introduce single practice and deliver highquality translations in Latvian courts, there is a need in development of training and certification system for court interpreters and a special normative act regulating the legal activity of court interpreters, what would be a good basis for elaboration of court interpreters’ register.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127628782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PRINCIPLES OF POLICE ACTION IN POLICE LAW","authors":"Aleksandrs Matvejevs","doi":"10.17770/ACJ.V4I85.3667","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.3667","url":null,"abstract":"The author of the article study problems of enforcement and implementation of principles in activities of police and mechanisms of implementation of principles in activities conducted by police. Its mean that the operations of the police shall be organised observing lawfulness, humanism, human rights, social justice, transparency and an undivided authority, and relying on the assistance of the public. The police shall protect the rights and lawful interests of persons irrespective of their citizenship, social, economic and other status, race and nationality, gender and age, education and language, attitude towards religion, political and other convictions. The police, by its operations, shall ensure the conformity with the rights and freedoms of persons. Restriction of such rights and freedoms shall be permitted only on the basis of law and in accordance with procedures specified in law. Author discloses the meaning and content of the principles of the organization and activities of the police, enshrined in the law. The authors also stress out particular disadvantages of law ”On Police” and make suggestions how to improve it.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124011420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NATURE AND FORMS OF REALIZATION OF LEGAL LIABILITY","authors":"Aleksandrs Baikovs","doi":"10.17770/ACJ.V4I85.4015","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.4015","url":null,"abstract":"The article focuses on the research of one of the fundamental institutions of law – legal liability, the role and importance of which in the current period of formation of the rule of law in Latvia is constantly increasing. However, many issues of legal liability are still under discussion. In recent years the problem of liability mainly out of legal problem, turned into a problem of interdisciplinary nature. The generic notion, in relation to legal liability, is social responsibility. The evolution of views on the nature of legal liability has resulted in the emergence of the concept of positive legal liability. The initial methodological premise of the research of legal liability is to address to the issue of social responsibility, since the general characteristics and forms of realization inherent in social responsibility, inevitably find their expression both: in legal responsibility and its individual types. Traditionally, legal liability is limited by its interpretation as liability for the past, i.e. negative liability. At the same time, attention is drawn to the diversity of views and interpretations of supporters of this approach. However, in recent decades, there has been a growing body of research on positive (prospective) responsibility, whose proponents are also diverse. Moreover, in science it is suggested, that responsibility can be extremely positive, along with which, the protection of violated subjective rights and interests protected by law, is provided by measures of state coercion. http://dx.doi.org/10.17770/acj.v4i85.4015 Legal liability is considered in the article as an holistic phenomenon, dialectical unity of responsibility for past actions (retrospective responsibility) and responsibility for present and future behavior (positive, prospective responsibility), which develops and is implemented in a voluntary or compulsory form in regulatory legal relations. Legal liability is characterized by a number of specific features. Among them: (1) legal liability is based on legal norms, that give it certainty and general compulsion; (2) state guarantee; (3) provision of state coercion or persuasion; (4) legal liability as a necessary consequence has the approval or conviction, encouragement or punishment; (5) legal liability is implemented in the procedural form, provided for by law; (6) essentially, legal liability is a uniform, but it is exercised in two different forms. The theories and concepts of legal liability, presented in the scientific literature were critically analyzed in the article and on this basis its concept is being formulated, the specific features inherent in legal liability are being identified, its unity and the presence of various forms of implementation are being alleged.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131834061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DEVELOPMENT OF LEGAL REGULATION OF INSURANCE IN LATVIA","authors":"N. Novozhilova","doi":"10.17770/ACJ.V4I85.3672","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.3672","url":null,"abstract":"The article describes the main development stages of insurance law in modern Latvia. Insurance relationship, regulated by rules of law, have their own characteristics and relevance at the moment. In the given paper the issues of the legal groundwork for the insurance contractual relations in Latvia are considered. Some aspects of insurance law in Latvia – actual problems of legal regulation of insurance. It is considered individual development stages of legal provision of insurance contractual relations in Latvia, some existing problems and are described the possibilities for improving the legal regulation of insurance law in Latvia in accordance with the requirements of the relevant EU Directives on a unified legal space of the EU.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"43 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134126861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE MEDIATION IN THE DOMESTIC VIOLENCE AS A WAY OF NON-JURISDICTIONAL CONFLICT RESOLUTION IN SPAIN","authors":"Jose Antonio Gonzalez-Costa","doi":"10.17770/ACJ.V4I85.3668","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.3668","url":null,"abstract":"The aim of this article is to expose, explain and examine the mediation in the domestic violence as a way to solve the problems without using the traditional methods as the court. Many countries trust and use already the mediation as a methods to solve to conflicts between people and even in the personal relationship with positives results. The EU, thought its Recommendation has adviced that the mediation it is a really good way that very country should use to sorted out the problems even when there is cases of domestic violence and family matters, reflecting that the society should have this tools to fix the problems without going always to the court. In order to research the objective and fulfill tasks set the research project, the applied methods during the research progress are the following: historical research, analytical, inductive, logical, systemical. Also the method of the analysis of literature, the comparative legal method and theoretical method of research to investigate, analyse and summarize information of publications. The methods chosen are very important in analysing the development of the differents resolutions of several international organizations and Conventions, that shows the way chosen throught the years about mediation. The logical and analytical method was used in order to study content of the different countries laws and its experiences how to solved problems with the mediation. The overall object of this article “The mediation in the domestic violence as a way non jurisdictional of resolution of conflicts” is to show that its possible to use another alternatives ways to solve the conflicts not just in the civil cases but also in criminal cases and specially in family. The main conclusion shows that, the mediation is a very useful tool in order to solve and to fix conflicts in many spheres as civil, http://dx.doi.org/10.17770/acj.v4i85.3668 business, family, in criminal cases, as in the violence domestic. The mediator must to have a training before starts the activities, like the specific program in Latvia for it. Thus, the E.U. is trying to convince the European states that the mediation as a method should be applied in every country helping the traditional ways to resolve conflicts.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132976370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CRIMINAL LIABILITY OF A JUVENILE PERSON ON BREAKING OF TRAFFIC REGULATIONS","authors":"Karina Zauere","doi":"10.17770/acj.v1i86.4225","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4225","url":null,"abstract":"In implementing of the norms provided for by the section 260, article 2 of the of the Republic of Latvia Criminal Law into practice (for breaking of traffic provisions or provisions regarding vehicle operation, if it has been committed by a person operating a vehicle and as a result thereof serious bodily injury has been caused to the victim or death of a person has been caused thereby, the applicable punishment is deprivation of liberty for a period up to eight years, with deprivation of the driver’s licence for a period up to five years), the legislator has not taken into account that this violation may be committed by a minor. It results from the analysis of the provisions of Section 260, article 2, section 7, article 3, and section 65, article 2 stems that section 260, article 2 is a less serious crime, for which a minor is not punishable with deprivation of liberty – the sole main punishment intended by the sanction of the provision in question. Therefore, the appropriate punishment for the committing of such a crime resulting in a death of a person and/or serious bodily injury that threatens the life of a person cannot be applied to a juvenile person. With respect to the specifics of criminal liability of juvenile persons for the violation of section 260, article 2 as it is laid down by the Criminal Law the basic punishment – imprisonment for a period exceeding eight years – is not applicable to juvenile persons. Only the additional punishment of deprivation of the driver’s licence for a period of up to five years, which is disproportionate to the harm caused. In order to enable the application of the basic punishment for the committing of the crime as set out by section 260, article 2 of the Criminal Law ( legal effects: death of a person and/or serious bodily injury), it is necessary to amend the sanction of section 260, , article 2 to the imprisonment for a period exceeding eight years. Subsequently, such an amendment would re-classify the crime as a severe crime committed through negligence and for the committing which the basic punishment – imprisonment would be applicable, as it was most likely intended by the legislator.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"2 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120897296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"TERMINATION OF CAPITAL COMPANY’S ACTIVITY BEYOND THE REACH AT ITS LEGAL ADDRESS","authors":"Aldis Kaļva","doi":"10.17770/acj.v1i86.4031","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4031","url":null,"abstract":"The paper explores termination of the activity of a capital company if it cannot be reached at its registered office. For almost ten years, there is a grapple with a problem that limited liability companies are absent at their legal addresses or the consent of the owners of the property is forged to register the legal address of the company. Regulations have already been amended for several times with the aim of eliminating unfair practices, however, with little success up to now. Recently, in 2017, the amendments to the Commercial Law have come into force, which provides for the elimination of a capital company that will not be accessible at its legal address; therefore it is important to study the particular issue to determine the impact of the aforementioned amendments on the registration of a front company. As the aim of the paper was set to discover and analyse the problem of capital companies’ simplified liquidation if they cannot be reached at their legal addresses. Systemic, dogmatic and comparative methods of studying and analyzing normative acts and court rulings have been used in the paper.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124222028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SOME PROBLEMS OF DETAINEES AND PERSONS’ SENTENCED TO IMPRISONMENT NUMBER REDUCING IN THE RUSSIA FEDERATION","authors":"V. Rudnev","doi":"10.17770/acj.v1i86.4222","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4222","url":null,"abstract":"Some aspects оf criminal policy related to the number of detainees and persons convicted to imprisonment have been disclosed in the paper. The repressiveness’s increase of the Russian Federation Criminal code, which was adopted in 1996 has been discussed. The author has concluded that there is a necessity in reducing of the number of detainees and persons convicted to imprisonment in the Russia Federation. The negative consequences of detention and serving a sentence in jail have been emphasized. Courts’ work on the application of a preventive measures in the form of detention have been analyzed. The shortcomings of the Russian Federation of criminal-procedural legislation have been pointed out. The author pays attention on the extension of detention periods. It is concluded that there is necessity in strengthening of the court power. It is proposed to develop specialization of judges. The suggestion about introducing of the position of penitentiary judge has been supported. The decisions of European Court of Human Rights are provided. The suggestions for improvement of some federal laws are made. It is proposed to adopt a law about probation.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114234371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ON THE ISSUE OF LEGAL SYSTEM’S DIGITAL TRANSFORMATION: HUMAN RESOURCES’ UPGRADING","authors":"I. Andreyanova, Anna Rozhkova","doi":"10.17770/acj.v1i86.4221","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4221","url":null,"abstract":"In the information and digital environment, the transformation of the legal system is becoming topical and is being updated, including state authorities of all levels as well as the regulatory legal system, regulation-making, law enforcement and judicial practice, the powers of officials and subjects of legal relations in order to comply with such principles as openness, accessibility, legality, public control. In this regard, the transformation will first of all affect the specialists in the field of jurisprudence, whose competencies are being formatted at the intersection of information, digital and legal areas in the creation process of the updated legal system base. In this context, scientific and educational institutions of the highest level are assigned to implement a strategic task to update the new professions in the field of law at institutional level. The aim of the research work is to identify some relevance aspects of law education transformation. The problem of research work is linked with contradictions at the job market due to the low demand for former professions as well as the depreciation of the educational system because of the lack of technology in the development of educational and other alternative forms of education on platforms and profile platforms. The novelty of the research work is expressed by the practical application of the institutional approach to the implementation of professional standards in qualifications’ updating through network collaborative educational and project programmes. The conclusions of the research work are expressed in the concept of professional standards’ implementation; development of network collaborative educational programmes; module and project training as the main tools for legal professions’ modification.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123402880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"HISTORICAL SIGNIFICANCE OF THE CRIMINAL CASE’S NO. 31 MATERIALS DEALING WITH THE DESTRUCTION OF THE AUDRINI VILLAGE’S INHABITANTS BY NAZI GERMANY’S OCCUPATION POWER","authors":"Vladislavs Malahovskis","doi":"10.17770/acj.v1i86.4018","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4018","url":null,"abstract":"Audrini has been an administrative center in Rezekne region since 1990. Before the Second World War, Audrini was one of the villages in Makaseni rural municipality populated by old believers. The tragedy of Audrini is destruction of Audrini inhabitants by Nazi German occupation institutions (22.12.1941. – 01.04.1942). Escaped prisoners of Red Army were hidden in the village. The Nazis burnt down village buildings. In the Ancupanu hills, arrested inhabitants of the village were shot; 30 men – inhabitants of Audrini – were publicly shot at the Marketplace in Rezekne. The punishment action was done in accordance with the German Security Police Commander’s orders; in the action local collaborators – Rezekne and Malta police officers – participated. Criminal case No 31 was initiated on August 5th, 1964. In 1965, an open trial in Riga was held (11.10.1965.–10.30.1965), where six former German police officers were accused of Audrini people killing. Criminal case No.31 consists of 37 huge volumes. Basically, there are three kinds of documents: 1) protocols of witnesses’ testimonies; 2) Rezekne region police reports and correspondence with higher instances; 3) the documents related to criminal investigation process. The paper reveals the reasons for the initiation of the Audrini village’s criminal case, the content of the documents available in the criminal case. The reasons for destruction of Audrini inhabitants are stated as well as the revealing of Audrini tragedy in Soviet propaganda and arts after the completion of criminal proceedings.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"500 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132795535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}