Administrative and Criminal Justice最新文献

{"title":"PERFECTION OF LEGAL BASIS IN ORGANIZED CRIME’S COMBATING IN UKRAINE. IS IT ENOUGH TO COMBAT ORGANIZED CRIME?","authors":"Gediminas Bučiūnas","doi":"10.17770/acj.v1i86.4220","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4220","url":null,"abstract":"The aim of the paper is to overview and analyze legal basis for combating organized crime in Ukraine, namely international and regional agreements (The Conventions and their additional protocols). The novelty of the paper is the fact that this type of research has not been carried out in depth yet abroad with exceptions on some aspects in Ukraine. This will allow us to have clear picture on legal basis for combating organized crime in Ukraine from international point of view. At the same time it facilitates to get a clear and comprehensive answer for the following questions: is international and regional legal basis enough to combat successfully a public enemy? Does Ukraine have law on prevention organized crime?","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"1 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":"127227500","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":"ADMISSIBILITY OF EVIDENCE IN THE INVESTIGATION OF ROAD TRAFFIC ACCIDENTS IN PRE-TRIAL CRIMINAL PROCEEDINGS","authors":"Sanita Labozeviča","doi":"10.17770/acj.v1i86.4219","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4219","url":null,"abstract":"The research paper is devoted to the problems of evidence’s disposal admissibility in road accident investigation during pre-trial criminal proceedings. The understanding of evidence admissibility in the Latvian and foreign criminal procedural law theory and law enforcement practice is examined; implementation of the establishment during pre-trial criminal proceedings by investigating road accident crimes during pre-trial criminal proceedings. The objective of the research paper: to investigate theoretical and practical issues of the establishment of disposal admissibility by investigating road accident crimes during pre-trial criminal proceedings; to identify problems in this context and to offer their solutions. During the practice pre-trial criminal investigation in road accident cases indicate shortcomings in the legal framework, as well as the competence of officials conducting criminal proceedings, the organization of work and the lack of methodological materials and standardized forms related to the specific nature of the road accident investigation. The solutions proposed by the author are related to the strengthening of the attachments’ admissibility specified in section 130 of the Criminal Procedure Law as evidence in criminal proceedings.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"42 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":"127762629","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":"INSTITUTION OF REFERENDUM IN POLAND – LEGAL REGULATIONS AND POLITICAL PRACTICE","authors":"M. Podolak","doi":"10.17770/acj.v1i86.4223","DOIUrl":"https://doi.org/10.17770/acj.v1i86.4223","url":null,"abstract":"The aim of the present paper is to analyze the legal basis of the referendum ordered by the President in Poland and demonstrate how this institution is utilized in political practice. The article assumes and proves that the fundamental condition for ordering of referendum by the President, both in legal and political terms, is the consent of the Senate. In the end this consent is determined by the distribution of political forces in the chamber. Furthermore a thesis was adopted on the political character of presidential initiatives regarding the ordering of referenda.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"10 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":"121270153","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":"INSOLVENCY PROCESS PECULIARITIES OF PHYSICAL PERSONS AS A KIND OF RESUMES HOW TO UPGRADE PAYMENT AND RESTRUCTURING OUTSIDE DEBT","authors":"Inga Eglite","doi":"10.17770/ACJ.V3I84.3607","DOIUrl":"https://doi.org/10.17770/ACJ.V3I84.3607","url":null,"abstract":"Existing problems in process of insolvency proceedings of a natural person, which are not exactly defined in law regulation, make specification for each insolvency process. Which often make wrong notions about process of the natural person insolvency proceeding. And what should be taken into account, for renewing the natural person solvency in the way that the natural person obligations must be extinguishing.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126697715","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":"LEGAL ASSUMPTION AS THE BASIS FOR REMOVAL OF BURDEN OF PROOF","authors":"E. Golts","doi":"10.17770/ACJ.V3I84.3464","DOIUrl":"https://doi.org/10.17770/ACJ.V3I84.3464","url":null,"abstract":"This work is part of the author's research promotion work on evidence in tax law. The author establishes in his work the objective of examining the legal assumption – the presumption, replacing the evidence in the dispute, which, in turn, is the basis for transferring the burden of proof to the other party involved in the dispute. The author comes to the conclusion that the burden of proof, whether transferable or not, has been transferred to the opposing party in cases where the evidence has been replaced by a presumption. The author uses scientific methods in his work: analytical, inductive (cognition), monographic or descriptive, quantitative, qualitative method. The author examines the grounds of proof and the interaction of legal presumption only in the field of public law, in particular in criminal procedural and administrative infringement proceedings. In this work, as in previous works, the author examines procedural issues of administrative offences identical to criminal law, based on the notion that administrative violation rights are viewable like criminal matters, on the same principles and standards of evidence.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127315509","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":"LEGAL NATURE OF THE EXAMINATION DE NOVO OF VALID RULINGS IN CRIMINAL PROCEEDINGS","authors":"Inese Baikovska","doi":"10.17770/ACJ.V3I84.3659","DOIUrl":"https://doi.org/10.17770/ACJ.V3I84.3659","url":null,"abstract":"In this article, the author examines recent developments of the existing criminal procedure legislation with regard to the fresh examination of valid judicial decisions. According to the principle of legal certainty (res judicata), no appeal may lie from a decision that has already entered into force in a criminal case. However, if such a decision proves to be unlawful, the right of persons to a fair trial and a fair final judgment should be regarded as a priority with respect to the principle of legal certainty and legal means should be found for fresh examination or review.The goal of this article is to examine the legal framework and role in criminal proceedings of the following two legal institutions: the re-opening of criminal proceedings due to newly discovered circumstances and the fresh examination of valid decisions due to serious breaches of substantive or procedural law.The tasks of this article are to investigate the fresh examination of valid decisions as defined in the Criminal Procedure Law, opinions provided by legal researchers and relevant case-law. As a result of the research, conclusions are formulated with regard to the legal significance of the fresh examination of valid decisions, and specific suggestions are provided for the improvement of the existing legal framework.The research is based on the analysis of legislation, court decisions, conclusions and opinions. For this article, the author has examined interrelations and differences of the procedural framework according to analytic and synthetic methods and benchmarked specific provisions against other laws based on the comparative method. The methods of grammatical, systemic and teleological interpretation have also been applied in analysing specific legislation and determining the spirit and purpose of laws.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126989627","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 STATUS OF A VICTIM IN CRIMINAL PROCEEDINGS","authors":"R. Siliņš","doi":"10.17770/acj.v3i84.3648","DOIUrl":"https://doi.org/10.17770/acj.v3i84.3648","url":null,"abstract":"The article examines the status of the victim in criminal proceedings, identifying in this context the problems existing in the Criminal Procedure Law and making proposals for the improvement of the regulation specified in the Criminal Procedure Law. With the recognition of the Criminal Procedure Code as invalid and the entry into force of the Criminal Procedure Law, a fundamental guideline has changed: being victim is the right, not the obligation, that is, the victim himself decides on the use of his rights and the use of the necessary remedies. In order to consistently implement the aforementioned change of the status of a victim, it is worth considering to prescribe in the Criminal Procedure Law that the victim himself determines the successor of the rights or, on the contrary, informs that he does not want his interests to be represented in criminal proceedings in the event of the eventual death of the victim. In case if an informed victim has refrained from providing clear instructions regarding the transfer of the victim’s rights, it is assumed that the victim agrees that, in case of his eventual death, one of the successors determined in the Criminal Procedure Law may become his successor of rights.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121264175","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 PUNITIVE DISTINCTION ON GROUNDS OF SEX IN THE PENAL CODE OF SPAIN AND THE ORGANIC LAW 1/2004 OF 28 DECEMBER ON INTEGRAL PROTECTION MEASURES AGAINST GENDER VIOLENCE","authors":"Jose Antonio Gonzalez-Costa","doi":"10.17770/acj.v3i84.3601","DOIUrl":"https://doi.org/10.17770/acj.v3i84.3601","url":null,"abstract":"The aim of this article is to examine the punitive differences after come into force of the law 1/2004 of 28 of december, (LVG) because this law protect only women and not men, studying the differences in the law enforcement, and what criminal consequences will have, in every single case, depending on the victim, if it’s a woman or if it’s a man.In order to research the objective and fulfill tasks set the research project, the applied methods during the research progress are the following: 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 Spanish law, case law materials to opinions of legislator and law scientists.Supported by the inductive and comparative method is used in order to make it able to analyse individual aspects of the law 1/2004 and the criminal laws its application and consequences in differents cases, from several theorethical conclusions.The logical and analytical method was used in order to study content of the law, its protections to the victims and punishment and if with its application the society is better and secure for everyone, analyzing the effects in the citizens.The overall object of this article “The punitive distinction on grounds of sex in the penal code and the organic law 1/2004 of 28 december on integral protection measures against gender violence” is a national human rights interests, however the direct object is national interests in the field of domestic violence and violence against the women, and the protection of the woman in the society and her freedom and development as a human being. Moreover the the application of this law creates social conflicts, make deeper the differences between man and woman and it doesn’t solve effectively the problem of the violence against the women.The subject matter of this article is the Spanish Criminal law in connection with the violence against women and its effective application and using different methods to check if the principle of equality in the law and of sexes is applied in Spain in an egalitarian and fair way. The most common cases are the physical and psychic aggressions, threats and coercion, and this is what the law 1/2004 and the Spanish criminal code try to sorted out.Also, this law is strong criticized by many sectors, and in this article it’s defended the position  that this law should be applied to both sexes, without distinction and so, to try to convert the society in a space of equality and justice.The main conclusion shows that actually in Spain, the society is suffering a very unfair law, specially for men, and does not help really to women when they are assaulted.It must to be changed this law, being applied to everyone without exceptions, that’s means, without making differences between  woman and man.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125117175","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":"CONSENT AS A LEGAL BASIS FOR PROCESSING OF PERSONAL DATA","authors":"Māris Bomiņš","doi":"10.17770/acj.v3i84.3655","DOIUrl":"https://doi.org/10.17770/acj.v3i84.3655","url":null,"abstract":"While the principles encompassed by the General Data Protection Regulation (GDPR) were mostly welcomed, one of them, namely the consent, caused prolonged controversy among privacy scholars, human rights advocates and business world due to their pivotal impact on the way personal data would be handled under the new legal provisions and the drastic consequences of enforcing these new requirements in the era of big data and internet of things. In this work, we firstly review all controversies around the new stringent definitions of consent in reference to their implementation impact on privacy and personal data protection, and secondly, we evaluate existing legislation in terms of fulfilling the practicalities for the implementation and effective integration of the new requirements.For the reasons explained above, consent is far removed from an easy option under the GDPR. Greater specification around what is meant by consent has brought with it more detailed and onerous obligations. Additionally, sometimes may first wish to look closely at the other legal grounds available to establish whether there is an available alternative to the consent path. In addition, given the extensive lengths that a data controller now has to go to demonstrate a valid consent according new legislation, it is important to see what further steps may be needed to distinguish such a consent from one that is explicit. For this and other reasons, the arguments around what makes consent effective are unlikely to be put to bed by the GDPR and it remains a rough-edged concept to tackle.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115633088","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":"RESPONSIBILITY IN CONSTRUCTION LAW OF LATVIA","authors":"Ināra Ziemele","doi":"10.17770/ACJ.V3I84.3660","DOIUrl":"https://doi.org/10.17770/ACJ.V3I84.3660","url":null,"abstract":"The new Construction Law and others Construction Regulations come into force more than four years ago, but there is still actual process of definition of responsibility in construction.The aim of paper is to summarize and analyse information about how responsibility in construction has changed and are going to change to define it distinctly.There are used methods of historical, teleological, systematic text condensation, analysis and comparative analysis for research, analyse and summarize information about how responsibility in construction has changed and are going to change to define it in normative acts.The main conclusion shows that now there is not clearness about responsibility of every person in construction, but there are made legislative amendments of Construction Law and General Construction Regulations to define responsibility more distinctly. From 01.01.2020. there will be in force new Law of administrative responsibility what will allow to inflict penalty for longer time.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117163176","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}