The Journal of the National Institute of Justice最新文献_第9页

Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code 摩尔多瓦共和国民法典现代化前的地上市法律建构及导致民法典修订的背景

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).02

Constanta Obada

引用次数: 0

Direct effect of the constitution and its impact on case-law in the Republic of Armenia 宪法的直接效力及其对亚美尼亚共和国判例法的影响

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).09

A. Manasyan

{"title":"Direct effect of the constitution and its impact on case-law in the Republic of Armenia","authors":"A. Manasyan","doi":"10.52277/1857-2405.2021.3(58).09","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).09","url":null,"abstract":"The article considers the issues with regard to the direct effect of the Constitution. The topic is presented by analyzing the techniques for proper implementation of the Constitution and ensuring the constitutionality of the law enforcement/judicial practice. Author differentiates the content of the concepts „direct effect” and “direct implementation” of the Constitution, presenting the essence of each of the notions. Techniques for proper implementation of constitutional norms are suggested by the author, analyzing also the implementation priority rules. According to the author implementing legislative provisions in conformity with their constitutionallegal content is another precondition for ensuring the proper application of the Constitution. The law enforcement/judicial practice can become a subject of consideration by the Constitutional Court of the Republic of Armenia if itis not an issue of legitimacy of the mentioned practice, but an issue of constitutionality of the latter, an issue of evaluation of the circumstance whether the legal acts are implemented in conformity with their constitutional-legal content in the frames of the mentioned practice is raised.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133453009","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}

引用次数: 0

A historical and judicial approach on the transformation of the European Communities, the predecessors of the European Union, into an institutional model across the region 欧洲共同体(欧盟的前身)转变为整个地区的制度模式的历史和司法方法

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).03

Mihail Poalelungi, Mihail Poalelungi

引用次数: 0

Official document: material/immaterial object or product of offenses of forged public acts. PART I. 官方文件:犯罪或伪造公共行为的实物/非实物或产物。我一部分。

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).07

Cristina Pirtac

{"title":"Official document: material/immaterial object or product of offenses of forged public acts. PART I.","authors":"Cristina Pirtac","doi":"10.52277/1857-2405.2021.3(58).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).07","url":null,"abstract":"In this scientific approaches is defined the “document”, in general, and the „official document”, in particular, as an entity that appears in the position of material/immaterial object or product of the offenses of forged public acts. It is shown that the notion „document” has the following features (characteristics and to official document): a) implies the presence of a support; b) consists of information; c) possesses attributes based on which it is identified. Correspondingly, the official document (species of the document) consists of: a) information (with the particularity that it is of an official nature) and b) informational support (materialized or electronic). The criminal law of the Republic of Moldova does not include a definition of the notion „official document”. Nor in other national normative acts the notion in question is not explained. The meaning of the notion „official document” transpire from the text of some legal provisions with a non-legal-criminal character. Also, the content of this term is reproduced in the text of some international legal instruments, among which: the Convention of the Council of Europe on access to official documents, signed in Tromsø on 18.06.2009, in force for the Republic of Moldova from December 2020.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125529537","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}

引用次数: 0

The difference between the power of res judicata and the authority of res judicata 既判力与既判力的区别

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).01

Ion Caraman

引用次数: 0

Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis 战争罪普遍管辖权在各国国内立法中的适用:比较分析

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).04

Alovsat Vilayet Allahverdiyev

{"title":"Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis","authors":"Alovsat Vilayet Allahverdiyev","doi":"10.52277/1857-2405.2021.3(58).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).04","url":null,"abstract":"The present article is dedicated to the meaning, nature and scope of the universal jurisdiction over war crimes as well as the use of universal jurisdiction in the practice of various states. The universal jurisdiction on war crimes can be considered as one of the cornerstones of the current international law areas, particularly international criminal law and international humanitarian law. In this regard, not only international courts, but also national judiciary applies the concept of universal jurisdiction while overviewing the criminal cases of world-wide importance. The article deals with war crimes and the application of universal jurisdiction, which pose a serious threat to international peace and security. First of all, the essence of universal jurisdiction, the disagreement over its application and, consequently, its importance are touched upon. It has become the responsibility of states to prosecute or to extradite those convicted of war crimes, crimes against humanity, aggression and genocide, regardless of their nationality or home country. Of course, the goal here is to ensure that those convicted of international crimes that are dangerous to humanity go unpunished with no exception. There are many case examples from the national jurisdiction of different states and the article refers to specific court judgements in this regard. Finally, the author considers recommendations regarding the establishment of national legislation what allows more efficient application of universal jurisdiction in connection with war crimes.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131877844","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}

引用次数: 0

The concept and features to the coded act (code) 编码行为(代码)的概念和特征

The Journal of the National Institute of Justice Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).08

Elena Tentiuc

引用次数: 0

Recent evolution of jurisdiction in criminal review 刑事审查管辖权的新演变

The Journal of the National Institute of Justice Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).07

Tudor Osoianu, Ion Chirtoaca

引用次数: 0

The hybrid court – an appropriate solution for the protection of human rights within the territory of the Self-proclaimed Dniester Republic 混合法庭- -在自封的德涅斯特共和国境内保护人权的适当解决办法

The Journal of the National Institute of Justice Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).06

Artur Sircu

{"title":"The hybrid court – an appropriate solution for the protection of human rights within the territory of the Self-proclaimed Dniester Republic","authors":"Artur Sircu","doi":"10.52277/1857-2405.2021.2(57).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.2(57).06","url":null,"abstract":"Although the practice of hybrid courts was aimed at repressing international crimes, it also represents a reliable and effective model for examining cases on violation of fundamental human rights and freedoms within the territories with contested jurisdiction, not in the light of territorial dispute settlement but from the perspective of remediation, prevention and infringements ending rational within territories where there is no fair, constitutional and independent justice system. Such courts would represent the optimal solution for assessing any cases on human rights violations on the territory of self-proclaimed Dniester Republic in line with the lawfulness exercise, until the final settlement of the Transdniestrian conflict. The jurisdiction could include a panel composed of 7 judges, of which 3 would be appointed by the constitutional authorities of the Republic of Moldova, pursuant to different formulas, 2 – appointed by the UN and 2 – appointed by the OSCE. At least 3 judges shall be preferably from among the former judges of an international jurisdiction (e.g. the International Criminal Court, the European Court of Human Rights etc.). The European Convention on Human Rights could serve as the applicable substantive law, and the legislation of the Republic of Moldova – as the procedural law. The impact of creating such a court would be pivotal for the establishment of a human rights „coverage area” on the left bank of the Dniester. It is recommended however, for the proper functioning of this jurisdiction, especially endowed with confidence in the act of justice under the guarantee of international judges, that the origin of this jurisdiction shall be an external one, preferably a UN based one.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134417821","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}

引用次数: 0

Applicability of the rules of international humanitarian law to peacekeeping operations in regional crises 国际人道主义法规则适用于区域危机中的维持和平行动

The Journal of the National Institute of Justice Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).04

Alexandru Cauia, Naif Jassim Alabduljabbar

引用次数: 0