The article touches upon the issues of law enforcement and court practice related to the collective rights of aboriginal communities. The purpose of the article is to reveal the content of the right ...to self-determination through the prism of the most significant cases related to indigenous peoples. The methodological basis of research is the general principles of scientific knowledge, widely used in works in the field of law: system-structural, formal-legal, comparative-legal, historical, methods of analysis and synthesis, analogies, etc. Particular attention was paid to the formal legal method, which was used by the authors of the study to analyze international judicial practice on the rights of indigenous peoples, as well as, in some cases, the national legislation of the countries participating in a particular case. The main results , scope of application. The right to self-determination of indigenous peoples is multicomponent and includes a number of specific elements and facets of interpretation. The authors have made an attempt to reveal the fundamental elements of the right to self-determination of indigenous peoples, which, in their opinion, consist of: the right to sovereignty as such, or autonomy and recognition as collective subjects of law, the right to land and resources, traditional nature management, autonomous education, mothertongue and culture. For each of the above-mentioned elements, a specific case is described, which was considered in international courts, primarily in the International Court of Justice, the Inter-American Court of Human Rights, the ECHR and etc. Conclusions . International recognition of a state through inclusion in the UN General Assembly is impossible without the permission of the Security Council; the issue of “effective occupation” has played and continues to play a large role in the issue of governance and sovereignty over a specific space and territory, and not only settlers, but also traditionally living indigenous peoples play a significant role; Indigenous peoples living in the coastal zone should have the right to dispose of income from the exploitation of the continental shelf; the relationship with the land is not only a matter of ownership and production, but a material and spiritual element that indigenous peoples must fully enjoy, if only to preserve their cultural heritage and pass it on to future generations; the status of “national minority” deprives the indigenous people of priority in the use of land for traditional reindeer herding; means of ensuring freedom of expression of indigenous peoples is an important element for the promotion of identity, language, culture, self-identification, collective rights.
This paper addresses the relative lack of studies concerning characterisation of online crime in court judgements. The goal was to outline the social context of computer-dependent online offences in ...Lithuania as enacted in court practice. It is an internationally relevant example of the applied outcomes of local legislation enacting the Budapest Convention on Cybercrime. We focused on four key themes to explore how computer-dependent online crime was defined in court practice: offences, offenders, victims, and sentences, bound by the concept of selectivity in criminal justice. A mixed-methods approach was utilised to analyse 265 court judgements in online offence cases in Lithuania from the years 2017–2021. The results revealed that the majority of the offences were computer-enabled rather than computer-dependent, carried out by persons with previous experience in the criminal justice system seeking financial gain.
Stalking is considered a dangerous form of victimization that requires an effective criminal justice response. In this current research, we aimed (1) to examine lifetime prevalence of stalking ...victimization and public perceptions of stalking as well as (2) to investigate the characteristics of stalking cases in recent court practice in Lithuania. In Study 1, a web‐based survey on a representative sample of 1517 respondents aged 18–87 years was conducted. In Study 2, an analysis of 100 court decisions was performed in stalking‐related criminal cases from 2016 to 2020. The research findings (i.e., stalking victimization and public perceptions of stalking phenomenon, coercive measures that were ordered in pre‐trial investigation, and sentences imposed closing the cases) are discussed in terms of the latest legal developments and existing response options, as well as considerations for future research.
This article explores legal cases considered in the Trakai Castle Court in the second half of the eighteenth century that dealt with crimes against life, health and the honour of a person. Various ...opinions expressed in the historiography assert that during this period the strict norms of criminal law recorded in the Third Statute of Lithuania (adopted in 1558) were no longer meeting the needs of the nobility. Little research has been conducted on noble court practices as institutions that administered justice at this time. The article explores the laws on which this court based its verdicts handed down on criminals and asserts that in the vast majority of cases dealing with crimes against life, health and honour of a person, the Trakai Castle Court based its verdicts on the specific articles of the Third Statute of Lithuania. Notwithstanding, the latter were not always delivered in the way as provided for by the legal code. Indeed, the letter of the law was more strictly adhered to in cases of accused commoners, whereas the defendants of noble origin were treated more leniently by the court and received less severe punishments than those provided for by the laws.
The article studies the history of the origin and development of legal regulation of judicial law-making in Ukraine. The analysis of doctrinal ideas about judicial law- making, as well as the ...peculiarities of its formation in Ukraine, allowed us to emphasise that our scientific research is relevant because of: 1) the duration of the domestic judicial
system and judicial reform, which dates back to the proclamation of Ukraine’s independence (1991) and continues to this day; 2) the ambiguity of the legal support for judicial law-making in Ukraine, the high level of its variability, and the uncertainty of the legal status of the subjects of judicial power in the mechanism of domestic law-making; 3) the doctrinal uncertainty of the place of judicial law-making in the domestic legal system, the ambiguity of its scientific perception, and the understanding of its function in the domestic mechanism of legal regulation.
This paper analyses the provisions of the legislation of Ukraine in terms of legal support for forms and procedures of judicial law-making, the legal significance of judicial law-making acts, and their impact on administering justice in Ukraine. Particular attention is paid to the activities of the judiciary in the areas of law enforcement and law-making, the relationship and interaction of which requires strengthening in the current context of reforming the judicial system and the judiciary in Ukraine.
The stages of development of the legal regulation of judicial law-making in Ukraine are revealed, the peculiarities of the legal support for judicial law-making are determined, and the content of the legal regulation of the mechanism of participation of the subjects of the judicial power of Ukraine in the national law-making is characterised.
Analysis of the history of the legal regulation of judicial law-making in Ukraine and the current state of its legal provision allowed us to conclude that despite the scale of legislative changes in the legal support for the judicial system of Ukraine today, neither the Supreme Court, nor the Constitutional Court of Ukraine, nor any other court institution is recognised by the legislation of Ukraine as subjects of law-making. The legislation of Ukraine does not contain a clear definition of their status as the subject of law-making with the right to accept generally obligatory acts of this process. It is noted that such uncertainty significantly weakens both the legal support for the courts and their activities. At the same time, it is noted that as a result of the adoption of legislative acts within the judicial reform during 2014-2017, which are still in force today, the legislator has made a significant step towards recognising and consolidating the official status of judicial law-making, namely: 1) a number of legislative powers of the Supreme Court and the Constitutional Court of Ukraine were consolidated; 2) the legislative regulation of the stages of the law-making process by the Supreme Court and the Constitutional Court of Ukraine has been strengthened; 3) the legal consolidation of the status of law-making acts of the Supreme Court and the Constitutional Court of Ukraine has been improved.
Resumen: En este trabajo se analiza el significado actual del deber de fidelidad en el contexto del Código Civil Español, a la vista de cómo es tratado por los tribunales. El establecimiento de un ...divorcio acausal ha significado un cambio en la valoración de los deberes que incumben a los casados, no asociándose la separación o divorcio con el incumplimiento de los deberes entre ellos, especialmente el de fidelidad. El argumento preferido del Tribunal Supremo consiste en negar las pretensiones de daños por infidelidad al existir una consecuencia legal específica para ello, como la separación. Sin embargo, este ha perdido su valor, dejando a los jueces inmersos en una posición de incertidumbre. Así, se ha ido abriendo camino una línea de resolución particular que permite el reclamo de indemnizaciones por el hecho de que se oculte al otro cónyuge la verdadera filiación de los hijos, concebidos como resultado de la otra relación constante de matrimonio.
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