"The research aims to conduct a complex analysis of the legal acts and statements in the regulation of customs debt in the Albania Republic legislation. During the research, the following methods ...were used: the legal analysis, structural, systemic, and functional methods of juristic generalization as well as the comparative method. The research presents a comparative analysis of normative legislations on the reasons for customs debt in the Customs Codex of Albania Republic (CAR) of 1999 and the Customs Codex of Albania Republic (CCAR) of 2014. Especial attention was devoted to the judicial practice analysis of the Higher Court of Albania Republic addressing the customs debts. The most frequent cause of this sphere is related to the causes of customs debt, the relation of the administrative and judicial order of the case investigation on the customs debt as well as reasons for the customs debt and its calculation. The research stated that administrative orders of implementation concerning the Albania customs workers also have several issues. Due to the immense number of issues, caused by the definitions and enforcement of Albanian customs law during the court case review related to the customs debt, the authors suggest developing a respective law enforcement norm on the level of practice generalization of the Higher Court of Albania Republic and formed separate recommendations on its content, which determines the practical value of the research."
Thèse dirigée en co-tutelle par Robert Descimon (EHESS) et Claire Dolan (Université Laval, Québec), devant un jury composé de Pierre Bonin (Université Paris 1 Panthéon-Sorbonne), Fanny Cosandey ...(EHESS), Michel De Waele (Université Laval, Québec) et Sylvie Perrier (Université d’Ottawa). Résumé : Ce travail prend appui sur une source jusqu’ici largement sous-exploitée et qui appartient à la communauté des procureurs au parlement de Paris sous l’Ancien Régime. Source aux apparences familières en...
The attention of legal science to the issue of sources of law does not weak. Among such sources, judicial precedent, including all judicial practice, is consistently considered. The debate on the ...need to «legalize» the precedent in Russia, to transfer it from atypical sources of law to typical ones does not stop. Opposing views are expressed: the precedent is categorically rejected or, on the contrary, it is extolled. The purpose of the article is to conduct a comparative legal study of the understanding of judicial precedent in different states in the context of sources of law, rejecting in this regard stereotypes and illusions in the interpretation of judicial precedent as a source of criminal procedure law. Research methods: historical, comparative-legal, logical. Results: the conclusions are made that the ambiguity of the concept and use of judicial precedent requires a clear definition of its place in the system of sources of criminal procedure law. Judicial precedent should not be confused with judicial rules of common law countries as well as with judicial practice. The author maintains the position of preserving the meaning of the «classical» (English) precedent as a sour ce of law.
La recepción de las neurociencias en juicio ha tenido una historia que se extiende desde la década de 1940, pero que en la jurisprudencia comparada se ha intensificado en los últimos años de manera ...muy significativa, dando lugar a la disciplina del neuroderecho. Este trabajo ofrece una síntesis del neuroderecho en la jurisprudencia comparada y realiza un análisis del estado de la cuestión en nuestra jurisprudencia nacional, mediante la revisión de una base de datos jurisprudencial en la materia que se extiende entre los años 2002 y 2019. Se concluye que el neuroderecho en nuestro país aún tiene un desarrollo muy incipiente y concentrado fundamentalmente en materias de litigación de daños civiles y laborales.
The reception of neurosciences on trial has had a history that extends to the 1940s, but it has intensified significantly in recent years in comparative jurisprudence, giving rise to the discipline of neurolaw. This work offers a synthesis of neurolaw in comparative jurisprudence and develops an analysis of the state of the arts in our national jurisprudence, by reviewing a jurisprudential database on the subject that runs between 2002 and 2019. It is concluded that neurolaw still has a very incipient development in our country and is concentrated mainly in issues of civil and labor damage litigation.
The research reveals the peculiarities of interpretation of the criminal procedure norms emphasizing the practical importance. Its purpose is to identify and solve problems of law enforcement in ...criminal proceedings. The nature and types of interpretation of the criminal procedure norms were subjected to a detailed analysis based on the judicial and investigative practice. Difficulties with interpretation of the criminal procedure norms in connection with the legislative gaps, difficulties in the process of interpreting the cross-industry terms lack of digital information support of the newly published acts interpreting the norms of law and establishment of specific terms for its implementation, were singled out as separate problems. The use of a set of methods of scientific cognition was promotive of the achievement of the result. The conclusions show that the competent interpretation and application of the criminal procedure law by the courts, taking into account the specifics of this branch of law, can increase the efficiency of justice. The scientific novelty of this research is that for the first time, in an integrated manner and on the basis of a systematic analysis of the practice of interpretation and application of the norms of criminal law. It is planned to formulate proposals and recommendations to improve the work of the courts, law enforcement bodies and the advocacy suggesting specific measures to optimize the said direction.
One of the most important tasks facing the judicial system is to achieve uniformity in judicial practice. Its absence makes law enforcement activity unpredictable, which not only complicates the ...activities of the subjects of procedural legal relations, but can also undermine public confidence in the judicial system. At the same time, due to the diversity, complexity and dynamism of social relations, it is not possible to achieve the specified qualitative state of judicial practice in all cases, and therefore the issue of identifying and comprehensive analysis of factors influencing the achievement of such uniformity is relevant. The article analyzes the problems associated with the existence and classification of factors affecting the uniform interpretation and application of the rule of law in civil and arbitration proceedings. Problems related to the specificity and degree of influence of these factors on the uniformity of judicial practice are analyzed. Special attention is paid to the study of the prerequisites for the observance and violation of such uniformity in the legislation. The aim of the study is to establish and classify factors affecting the uniform interpretation and application of the rule of law in civil and arbitration proceedings. To achieve this goal, the author has set the task of analyzing each of these factors in terms of the degree and specificity of its impact on the results of law enforcement. Also, the author has set the task of formulating conceptual proposals for improving the current legislation. Based on the results of the study, the author identified five categories of factors influencing the uniform interpretation and application of the rule of law in civil and arbitration proceedings, and also identified specific factors within each of the categories. It is proposed to concretize the list of applicable forms (sources) of law in the current legislation, including in an exhaustive way to resolve the issue of the possibility of using judicial precedent and legal doctrine as such. The author also proposed to regulate in detail and uniformly the essence and place of generalizations of the practice of courts of inspection instances, providing for the possibility of referring to them when passing judicial decisions on specific cases.
The article presents a study of modern factors that influence the shaping of uniform judicial practice in various countries of the world. The system of ensuring legal certainty established in the ...Russian Federation is regarded as superior to the system of stare decisis, whose proponents not infrequently seek stability for the sake of stability. A conclusion is drawn that abstract interpretation, not tied to the particular circumstances of an individual dispute, not having a strictly obligatory nature, and issued by a collective body of the apex court leaves more room for judicial discretion and orientation on legal principles. Trends are discovered in the court structure and rules of court procedure in foreign countries, indicating the continuing competition between the two systems, as well as a search for their synthesis. An opinion is put forward that lowering judicial workload through cutting-edge technologies, including artificial intelligence, is one of the keys to increasing the quality of justice. In this regard, potential risks and benefits of introducing those technologies into court activities are considered. The example of Chinese courts is used to illustrate the danger of lending too much importance to the recommendations of AI algorithms; a suggestion is formulated to introduce a new function into the prospective “Justice Online” superservice. Particular attention is paid to such subjective factors as judicial workload and judicial well-being, their role for the work of the courts. Based on foreign research and a report presented by the UN Office on Drugs and Crime, a conclusion is made about the importance of maintaining the physical and psychological well-being of judges for ensuring the proper quality of court decisions. The importance of dialog and exchange of best practices in the sphere of judicial well-being is stressed, various problems arising as a result of turning a blind eye to this sphere are considered. In conclusion, the importance of studying the results of work of the top judicial body in ensuring uniform judicial practice is emphasized, as well as that of dissemination of information about the adopted legal standings among the general public.
The provisions of Article 239.1 of the Civil Code of the Russian Federation were analyzed through various versions of the law in force at different periods. The dynamics of development of law ...enforcement practices was considered. The research is based on a thorough investigation of the judicial practices and the clarifications from higher courts. It was suggested that there are problems in the current law enforcement practices regarding the scope of persons, to whom the rules on the seizure and sale of unfinished construction objects are applied. The need to resolve the issues on applicability of Article 239.1 of the Civil Code of the Russian Federation in time and concerning users of the land owned by the state or municipal authorities by means of various legal methods and official clarifications by the Supreme Court of the Russian Federation was substantiated. Based on the obtained results, a fair and logical idea was introduced that the objective of civil and land legislation is to ensure legal certainty in relation to state-owned land plots that cannot be re-granted for completion of construction without bidding to persons, who failed to complete the construction project.
This article characterizes the model of sports scholarships regulated in the Polish law by the act on sport. The term ‘sports scholarship’ and the form of establishing such scholarships have also ...been explained. Moreover, attention has been drawn to problems of interpretation concerning this matter, which are connected with the correct use of provisions of the law and rich judicial practise of administrative courts. As a conclusion, amounts devoted to finance sports scholarships have been analysed on the basis of the selected resolutions of local government units.
This article characterizes the model of sports scholarships regulated in the Polish law by the act on sport. The term ‘sports scholarship’ and the form of establishing such scholarships have also ...been explained. Moreover, attention has been drawn to problems of interpretation concerning this matter, which are connected with the correct use of provisions of the law and rich judicial practise of administrative courts. As a conclusion, amounts devoted to finance sports scholarships have been analysed on the basis of the selected resolutions of local government units.
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