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Penal Orders and the Role of Prosecutors in Switzerland 刑事命令和瑞士检察官的作用
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0016
Raluca Enescu
{"title":"Penal Orders and the Role of Prosecutors in Switzerland","authors":"Raluca Enescu","doi":"10.2478/jles-2020-0016","DOIUrl":"https://doi.org/10.2478/jles-2020-0016","url":null,"abstract":"Abstract Minor infractions represent the majority of criminal cases. Simplified or summary procedures have addressed their increasing number in order to unburden the courts. Because of reduced requirements for the case to be adjudicated, this procedural economy comes usually to the cost of the defendant. Penal orders represent the most successful form of fast track procedure in which the public prosecutor plays a predominant role. After a police report and sometimes a short investigation, penal orders are issued and notified to the defendant. If they are not objected, their judgment equals the decision of a court. In other words, penal orders rely on the tacit agreement of the defendant. This contribution presents the risks of penal orders to produce wrongful convictions and proposes a set of recommendations that could improve the current situation. A combination of legal sources and empirical studies shed light on the delicate balance between the efficiency of justice and the defendant’s rights.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"12 1","pages":"125 - 141"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86742636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Certain Considerations Regarding the Attributions of the Romanian Guardianship Court in the Protection of the Minors 关于罗马尼亚监护法院在保护未成年人中的归属问题的若干考虑
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0020
D. Creț
{"title":"Certain Considerations Regarding the Attributions of the Romanian Guardianship Court in the Protection of the Minors","authors":"D. Creț","doi":"10.2478/jles-2020-0020","DOIUrl":"https://doi.org/10.2478/jles-2020-0020","url":null,"abstract":"Abstract The minors’ vulnerability led to the adoption of certain special means of protection. Among them, special protection measures and adoption play a special role. This paper analyses the Romanian court attributions, as guardianship court in the matter of these measures which are regulated by the dispositions of the Law no. 272/2004 republished, regarding the protection and promotion of children's rights and of the Law no. 273/2004 on the procedure of adoption, and it is intended to continue the paper on the same topic from the previous issue.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"30 1","pages":"189 - 200"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89568735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Juvenile Justice: Genesis and Current State in Ukraine 少年司法:乌克兰的起源与现状
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0015
Mariia Kyrylenko
{"title":"Juvenile Justice: Genesis and Current State in Ukraine","authors":"Mariia Kyrylenko","doi":"10.2478/jles-2020-0015","DOIUrl":"https://doi.org/10.2478/jles-2020-0015","url":null,"abstract":"Abstract In this paper, the problem of the functioning of the juvenile justice as a system of all parts of the state mechanism, that deal with the problems of protection and socializing of children is considered. It is determined that the protection of children's rights in Ukraine is an urgent question. That is why providing proper conditions for life, development and socialization of the younger generation has become one of the priorities for the state policy of Ukraine. Hence, juvenile justice is one of the most effective ways to protect the rights and interests of children and youth. However the tendencies of formation of the juvenile legal policy of the state influence whether legal regulation of children’s protection can be implemented in the legal system of the state to that extent that it promotes the development of children's protection. Thus, there is a necessity to analyze the genesis, development and the current state of the juvenile law in Ukraine taking into account the practice of foreign states and defining the further perspectives of the juvenile law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"2 1","pages":"117 - 124"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87787427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Relevant Issues of Exploration the Concept of Indigenous People in the International Legal Instruments and Ukrainian Legal Doctrine 国际法律文书与乌克兰法律主义中原住民概念探讨的相关问题
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0014
Dariia Melnykova
{"title":"Relevant Issues of Exploration the Concept of Indigenous People in the International Legal Instruments and Ukrainian Legal Doctrine","authors":"Dariia Melnykova","doi":"10.2478/jles-2020-0014","DOIUrl":"https://doi.org/10.2478/jles-2020-0014","url":null,"abstract":"Abstract In this paper, the problem of determination of the legal personality of indigenous people as a subject of international law is considered. Hence, the problem articulated above leads to the issue related to aspects of practical realization and protection of rights and freedoms of indigenous people enshrined in international legal instruments, which is revealed. The confusion of the term “indigenous people” with that of “national minorities” can be avoided by the subjects of international law. However, one cannot find a solution to this problem without envisaging written rules on the concept of ingenious people in one obligatory, for contracting parties, an international legal instrument. Thereafter, the concept of indigenous people must be unified and, consequently, used by all international legal community. The relevance of this study is due to the need to determine the legal status of indigenous peoples in Ukrainian law. Ukraine has recently acceded to the UN Declaration on the Rights of Indigenous Peoples, which defines the need to implement these provisions in national legislation and ensure the practical implementation of the rights and freedoms enshrined for indigenous peoples. To date, the Constitution of Ukraine makes a distinction between the categories of national minorities and indigenous peoples, but there is no specialized comprehensive law that would determine the legal status of indigenous peoples in Ukraine, in the presence of such a law on national minorities. Thus there is a need to determine the concept of indigenous peoples in Ukrainian legislation.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"23 1","pages":"102 - 116"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77809094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time 形式无实质理论是罗马尼亚超前的法律移植理论
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0017
R. Roghină
{"title":"The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time","authors":"R. Roghină","doi":"10.2478/jles-2020-0017","DOIUrl":"https://doi.org/10.2478/jles-2020-0017","url":null,"abstract":"Abstract Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the nineteenth century, to explore an interesting Romanian theory that seems to have anticipated a series of modern ideas regarding the purpose, possibilities, and impossibilities of the circulation of legal models in the world. Following this approach, the main conclusion will be resumed to the idea that the Romanian theory of forms without substance can be integrated within the modern theories of legal transplant.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"12 3 1","pages":"142 - 155"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83775770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Analysis of Criminal Activities Exploiting Social Media: With Special Regards to Criminal Cases of Wechat Fraud in Chinese Jurisdiction 利用社交媒体的犯罪行为分析——以我国管辖的微信诈骗刑事案件为例
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-11-07 DOI: 10.2478/jles-2020-0009
Xingan Li
{"title":"Analysis of Criminal Activities Exploiting Social Media: With Special Regards to Criminal Cases of Wechat Fraud in Chinese Jurisdiction","authors":"Xingan Li","doi":"10.2478/jles-2020-0009","DOIUrl":"https://doi.org/10.2478/jles-2020-0009","url":null,"abstract":"Abstract Social media provide a more convenient way for daily communication and business transaction, while they are also exploited by potential criminals to perpetrate offenses of different natures. Fraud is one of the most frequently reported offenses, some of which involve the use of WeChat, an application now used by 846 million users worldwide. The article is designed to give a comprehensive statement of features, causes, and types of WeChat fraud currently existing in China. The article also formulates important countermeasures based on academic conclusions, law enforcement opinions as well as written criminal judgments collected from Chinese courts during the research.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"19 1","pages":"19 - 36"},"PeriodicalIF":1.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72771104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Asylum Proceedings in the Czech Republic During the Migration Crisis 移民危机期间捷克共和国的庇护程序
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0003
P. Černý
{"title":"Asylum Proceedings in the Czech Republic During the Migration Crisis","authors":"P. Černý","doi":"10.2478/jles-2020-0003","DOIUrl":"https://doi.org/10.2478/jles-2020-0003","url":null,"abstract":"Abstract The article deals with the fundamental problems that emerged on the territory of the Czech Republic during the implementation of the asylum procedure throughout the migration crisis in the years 2015 to 2019. Problematic issues related primarily to the detention of migrant asylum seekers were identified by studying the key decisions of national and international courts. The first problematic point was the amendment to the Asylum Act, which required the courts to discontinue proceedings on the review of detention orders after the foreign national was released from detention. Due to the conflict with EU law and the impossibility to claim damages for unlawful detention, this amendment was finally annulled by the Constitutional Court. The second problem was that the factual conditions for asylum seekers in the EU Member State where the asylum seeker was to be transferred for the purpose of processing his/her asylum application, were not examined. In this regard, the situation had since been rectified and the administrative authorities and courts of the Czech Republic already take this aspect into account when deciding whether an asylum seeker detained on the territory of the Czech Republic is to be transferred to the country where he/she applied for asylum. The most serious problem is so far incomplete transposition of the Procedures Directive, in particular Article 46 of the Procedures Directive, which requires from the court to review the decisions on asylum in full jurisdiction and could possibly grant asylum itself. However, this requirement does not correspond to the concept and system of administrative courts in the Czech Republic and would require a significant and costly change. The last issue identified was the poor implementation of the Dublin III Regulation, involving not setting serious risk of absconding of an asylum seeker as a precondition for his/her detention directly in the law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"55 1","pages":"44 - 56"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77633752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values 寻找文明的幽灵:从文明价值观看中俄的国际法路径
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0001
Battagodage Punsara Aravinda Amarasinghe
{"title":"Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values","authors":"Battagodage Punsara Aravinda Amarasinghe","doi":"10.2478/jles-2020-0001","DOIUrl":"https://doi.org/10.2478/jles-2020-0001","url":null,"abstract":"Abstract This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived by China and Russia following their historical complexities. Results emerge from this paper will demonstrate the different diversity in international law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"22 3","pages":""},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138508957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Wrongful Omission as a Condition for Tort Liabilities 过失不作为作为侵权责任的条件
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0007
S. Buletsa, S. Hrinko, R. Hrinko, H. Anikina
{"title":"Wrongful Omission as a Condition for Tort Liabilities","authors":"S. Buletsa, S. Hrinko, R. Hrinko, H. Anikina","doi":"10.2478/jles-2020-0007","DOIUrl":"https://doi.org/10.2478/jles-2020-0007","url":null,"abstract":"Abstract As omission of a person is a certain manifestation of his/her internal will from outside. Exactly through inactivity, the internal will of a person materializes due to which a person becomes a participant of public relations. At the same time in the absence of external expression of will inactivity of a person can not cause the occurrence of legal consequences, in particular, to be examined as a reason of origin of tort liabilities. If a person enacted because of negligence or poor awareness, it should be defined: whether a person knew or had to know about the necessity to perform a certain action. Accordingly, if a person possessed such knowledge this form of behavior will be treated as guilty omission, if not – this is an example of innocent omission. Responsibility for illegal omission can arise only when appropriate persons are included in the system of civil and legal relationships, thus are the subjects of civil relations. Damage caused by “reflexive movements” testifies the carelessness of a person to his/her behavior, which reflects his/her will. Therefore, such behavior of a person is considered to be wrongful.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"16 1","pages":"128 - 143"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78108256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Prospect of Legal Education: An India Overview 法律教育的前景:印度概观
IF 1 3区 社会学
Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0002
H. Ramaswamy
{"title":"The Prospect of Legal Education: An India Overview","authors":"H. Ramaswamy","doi":"10.2478/jles-2020-0002","DOIUrl":"https://doi.org/10.2478/jles-2020-0002","url":null,"abstract":"Abstract Education in India is losing its relevance. This seems much more applicable to the situation in the present day of legal education. This essay aims to focus on two aspects of legal education. Whilst, on one hand, it aims to provide details of the existing legal education system on the other, it aims to drive more attention to the various improvements and developments that are needed. The essay firstly shall describe the existing legal education system. It shall analyze and assess the curricula that are available for the various undergraduate law degrees available in India. It aims to provide an understanding of the perceived distinctions between the three-year law degree and the five-year law degree. As a second aspect, the essay aims to explore options to further the quality of legal education in India by considering examples of various law schools or colleges of law across the world that have consistently proven themselves as a cut-above not legal education and research in their global scale. Also, from the learnings of the gaps in the curricula of the law degrees as discussed previously, the essay shall provide suggestions on the various plausible collaborations with foreign law schools and universities for the benefit of the Indian law schools and colleges of law. As a third and final aspect, as a measure to curb fake or bogus law schools or colleges of law within India and to enhance the employability of law graduates in India at par with those across the globe, the essay aims to provide suggestions applicable for the present-day legal education scenario.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"2012 1","pages":"31 - 43"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86375428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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