Herald of criminal justice最新文献

{"title":"Concept and content of access to justice in criminal proceedings of Ukraine","authors":"O. Kuchynska, O. Shchyhol","doi":"10.17721/2413-5372.2019.3/20-30","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/20-30","url":null,"abstract":"Access to justice is a fundamental principle of criminal proceedings and one of the most important guarantees of criminal proceedings participants’ rights. Nevertheless, nowadays there is no single approach to concept and content of this legal category. The reason is a large number of related and similar terms which apply to domestic legislation of Ukraine and international legal acts, as well as lack of established scientific grounds regarding legal nature of access to justice, its purpose and essence.\u0000\u0000Thus, the purpose of the article is: 1) to analyze current legislation, international standards and scientific background in the domain of access to justice; 2) to define concept and content of access to justice in criminal proceedings of Ukraine.\u0000\u0000It needs to be mentioned that in comparison with civil, commercial and administrative proceedings, criminal procedural law regulates social relations which involve the most substantial interference with human rights. The high level of interference and limitations surely generates requirements for establishing in criminal proceedings certain guarantees (including access to justice), which have to be effective and efficient. However, this cannot be achieved without thorough and solid legal terminology which should exclude ambiguous interpretation of any legal categories and provide a basis for their proper understanding. Therefore, criminal proceedings require additional attention even to small details: subtleties of juridical technique, language constructs and so forth. In this regard, as it has already been mentioned, concept and content of access to justice in criminal proceedings of Ukraine remains problematic.\u0000\u0000It is concluded that the concept of access to justice (in criminal proceedings and in general) is insufficiently explored and current legislation contains a number of similar definitions with uncertain difference remaining between them. The same applies to the content of access to justice which has ambiguous interpretations in legal literature. It is suggested to streamline legal terminology in regard to access to justice.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114060950","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":"Peculiarities of exercise by the High Council of Justice of powers of temporary suspension of judges from justice","authors":"Yu. Kostkina","doi":"10.17721/2413-5372.2019.4/115-122","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/115-122","url":null,"abstract":"Judicial reform was intended to strengthen the safeguards of judges and to ensure the independence of the judiciary as a whole. In order to achieve these goals, the legislature, in the framework of judicial reform, has reorganized the old High Council of Justice and created on its basis a new body. These changes were positively estimated not only by domestic scientists and practitioners, but also by the international community. The newly created body is authorized with a wide range of powers, designed to ensure the proper administration of justice, to protect judges and their independence, and to form a virtuous and highly professional corps of judges in Ukraine.\u0000\u0000Goal of article. In connection with the fact that the competence of the High Council of Justice, the successor to the judiciary, the specified group of powers did not included, arose the need for their research and determine the peculiarities of their implementation.\u0000\u0000In particular, the powers of the new High Council of Justice include the decision-making authority on temporary suspension of judges from justice in connection with criminal prosecution, during a qualification assessment, and in the order of disciplinary action.\u0000\u0000The author investigates the peculiarities of a temporary suspension of judges from justice in connection with criminal prosecution, and analyzes the Supreme Court's practice regarding the procedure for extending such temporary suspension.\u0000\u0000In addition, the article deals with the procedure for temporarily suspension of judges from justice for the period of qualification assessment of a judge, which is carried out by the Qualification Commission of Judges of Ukraine.\u0000\u0000Finally, the peculiarities of the legal regulation of the procedure for temporarily suspension of judges from justice, which is applied to a judge as a disciplinary sanction in the framework of disciplinary proceedings, are analyzed, deficiencies and gaps of the current legislative regulation are identified, and appropriate changes are proposed.\u0000\u0000Based on the needs of law enforcement activities, the author of the article The of substantiated the necessity of concretization of the obligation of a high Council of justice to determine the course of professional development, which must pass the judge during the suspension, That will ensure the delimitation of its powers with the competence of the High Qualifications Commission of judges.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132213983","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}