This article examines the meaning of fraudulent bankruptcy and the problems inherent in applications of fraudulent bankruptcy. It proposes how the regulation of fraudulent bankruptcy can be improved, ...and considers the historical development and legal regulation of the institute of fraudulent bankruptcy in foreign countries. Also considered is the amendment of fraudulent bankruptcy introduced by the Law on Insolvency of Enterprises of the Republic of Lithuania. The authors assert that the new law on insolvency proceedings has fundamentally changed the procedure for the examination of applications for fraudulent bankruptcy. They argue this to be the case since the court must decide not only on the grounds of fraudulent bankruptcy, but also on the persons who caused the fraudulent bankruptcy by the same decision. In such cases, also discussed is how the court must ensure the right to a fair trial and the effectiveness of insolvency (bankruptcy) proceedings is discussed, and the status of the person(s) involved and their procedural rights and obligations.
Libya's alleged violations of the African Charter on Human and Peoples' Rights - failure to protect a Libyan citizen - Saif-al-Islam Kadhafi - Muammar Gadhafi's son - arbitrary arrest and detention - ...right to a fair trial - exhaustion of local remedies - derogation - default judgment.
İnsan, biyolojik varlığı için suya ne kadar muhtaçsa, toplumsal varlığı için de adalete o kadar muhtaçtır. Adalete ulaşmak için çıkılan yol ise hassas ve meşakkatlidir. Adil bir karara ulaşmak için ...yargılamanın tabi olduğu ilke ve güvenceler vardır. Hakkı olana erişmek için herkes hak arama hürriyetine sahip olmalıdır. İstisnalar dışında yargılamalar aleni yürütülmelidir. Yargılama makul bir sürede sonuçlandırılmalıdır. Tabiî hâkim güvencesinin bir sonucu olarak yargılamayı yürütecek olan mahkemenin önceden kanunla belirlenmiş olması gerekir. Tüm bu güvenceler sağlanmış olsa dahi bağımsız ve tarafsız bir yargılama olmadan adil bir yargılamadan da bahsedilemeyecektir. Bağımsızlık, tarafsızlık için bir önkoşuldur. Ancak bağımsızlığı güvence altında olan hâkimin içsel yönüyle ilgili olan tarafsızlığı da sağlaması gerekir. Tarafsızlık için hâkimin yargılamayı önyargılarının tesirinde kalmadan yürütmesi ve sonuçlandırması gerekir. Çalışmada, yargılamanın önyargısız yürütülmesinin adil bir yargılama bakımından önemi ortaya koyulmaya çalışılacaktır. Önyargısız yargılanma hakkının önemi tarihin en büyük yargılama yanılgılarından olan Dreyfus davasıyla somutlaştırılmaya çalışılacaktır.
Human needs justice for his social existence as much as he needs water for his biological existence. The way to reach justice is delicate and arduous. There are principles and guarantees that the trial is subject to in order to reach a fair decision. Everyone should have the freedom to seek justice in order to access what is right. Proceedings should be conducted in public, with exceptions. The trial must be concluded within a reasonable time. As a result of the guarantee of the natural judge, the court that will conduct the trial must be determined by law in advance. Even if all these guarantees are provided, a fair trial will not be possible without an independent and impartial trial. Independence is a prerequisite for impartiality. However, the judge, whose independence is guaranteed, must also ensure impartiality, which is related to his internal aspect. For impartiality, the judge must conduct and conclude the trial without being influenced by his prejudices. In this study, the importance of conducting the trial without prejudice in terms of a fair trial will be tried to be revealed. The importance of the right to be tried without prejudice will be tried to be embodied in the Dreyfus case, which is one of the biggest misjudgments in history.
The National Prosecuting Authority is vested with the power, as dominus litus, to institute and discontinue charges whereas high courts are empowered to order a permanent stay of the prosecution ...prohibiting the continuation of the trial. However, such an order is considered to be a "drastic remedy" and is not empowered in terms of statutes such as the Criminal Procedure Act 51 of 1977 but rather vested in the right of an accused to have their trial begin and conclude without unreasonable delay. A permanent stay of the prosecution is an order made on a case-by-case basis, balancing various factors such as the prejudice faced by the accused, systemic factors as well as the reason for the delay. The ultimate question however remains whether the lapse of time in a particular case is unreasonable. The Supreme Court of Appeal in Rodrigues v The National Director of Public Prosecutions had to evaluate whether the 47-year-delay and eventual prosecution between the death of anti-apartheid activist, Ahmed Timol, was unreasonable. Both the majority and minority of the Supreme Court of Appeal, although for different reasons, concluded that the delay was not unreasonable. For most of the 47 years, prosecuting the accused was not possible due to the surrounding historical and political reasons (including the moratorium of cases arising from the Truth and Reconciliation Commission). The National Prosecuting Authority, as soon as it was possible, initiated the prosecution of the accused. Although applications for a permanent stay are mostly viewed as prejudicial to the accused, the majority and minority both acknowledge the families of the victims in this case. Such a perspective is welcomed as the role of the victim in the criminal justice process is often neglected.
The quasi-judicial body responsible for the enforcement of official documents is one of the most important auxiliary bodies within the registration system. This body possesses multiple legal ...competencies to handle specialized litigations, alongside other authorities within its legal system. The significance of these competencies lies in their nature as actions that guarantee fundamental rights of individuals within the judicial procedure of this body. The establishment of fair trial within this body is one of the key criteria to assess these competencies. This research adopts a descriptive-analytical approach with a comparative perspective. The article aims to examine the quasi-judicial procedure in the enforcement of official documents, considering its competencies, in the context of fair trial to answer the question: What is the approach of this body towards fair trial in its own judicial procedure? The findings of this research demonstrate that the quasi-judicial body possesses broad competencies under the regulations governing the enforcement of official documents, and some aspects of fair trial, such as the principle of legality, time limits, appealability, and religious exceptions, have been recognized; however, important criteria such as consistency, independence in decision-making, the right to legal representation, and the right to access case files have not been adequately addressed. Therefore, it can be argued that the quasi-judicial body in the enforcement of official documents applies an incomplete form of fair trial in its judicial procedure, which, in addition to ambiguities and inconsistencies within this body, leads to the violation of individuals' rights.
The main task of the presented commentary is primarily the analysis of the decision of the European Court of Human Rights (ECtHR) in the case of Erik Adamčo v. Slovakia (Application no. 19990/20) ...dated June 1, 2023. This analysis specifically considers the implications for legal practice in the conditions of the Slovak Republic. The legal framework focuses on cooperating individuals and their testimonies during criminal proceedings, particularly considering the necessity of perceiving the proportionality of using such evidence in relation to guarantees securing the overall fairness of the proceedings. Examining this question is particularly significant in cases involving statements of individuals who admitted to committing criminal activities in the initial stages of criminal proceedings and subsequently agreed to cooperate with the prosecution in order to obtain certain benefits. The inherent issue in this regard is not merely the use of this type of evidence but rather the manner in which it is utilised, emphasising the perception of the benefits associated with its provision.
