court

  • Carskaja vlast i narodnye sudy kochevogo naselenija Turkestana: problemy vzaimootnoshenijj (po arkhivnym, pravovym i inym materialam)

    Author: Akylbek L. Saliev
    Year of publication: 2014
    Source: Show
    Pages: 192-201
    DOI Address: http://dx.doi.org/10.15804/npw2014110
    PDF: npw/06/npw2014110.pdf

    The article considered written sources concerning the practice of imperial power, represented by administration of K.P. Kaufman, the first governor-general of Turkestan and national courts of Turkestan.

  • Polski system odpowiedzialności dyscyplinarnej sędziów w świetle standardów prawa Unii Europejskiej

    Author: Mirosław Wróblewski
    Institution: Biuro Rzecznika Praw Obywatelskich
    ORCID: https://orcid.org/0000-0002-2148-2905
    Year of publication: 2020
    Source: Show
    Pages: 183-200
    DOI Address: https://doi.org/10.15804/ppk.2020.04.09
    PDF: ppk/56/ppk5609.pdf

    Polish System of Disciplinary Liability of Judges in the Light of Standards European Union Law

    The study presents current issues of the disciplinary liability of judges, starting with an indication of historical attempts to introduce new, unified regulations intended to cover most of the legal professions, up to the enactment of the statutes of the Disciplinary Chamber of the Supreme Court and the so-called Disciplinary Law for judges. The author conducts an in-depth analysis of the disciplinary regulations in terms of testing compliance with EU law standards and the need to ensure the effectiveness of EU legal solutions.

  • Development of Justice and Transformation of Judicial Authorities in Slovakia after 1989

    Author: Branislav Bujňák
    ORCID: https://orcid.org/0000-0002-0662-7221
    Year of publication: 2020
    Source: Show
    Pages: 431-442
    DOI Address: https://doi.org/10.15804/ppk.2020.05.32
    PDF: ppk/57/ppk5732.pdf

    In this article, the author tries to point out the problems of the legal system and democratic society after 1989 in the condition of Slovak Republic and ultimately almost in all the countries of post-Communist period. The aim of this work is to point out the development of justice and judicial authorities in Slovakia since 1989 and its current state. The result should be the naming of all elements influencing the judiciary, decision-making activity of court in the context of the directive and the rules of the European Community. The next point is the description of the independence and connection of the judiciary and its offices to state power and related isues. Also, the autor describes to the establishment of the Judicial Council of the Slovak Republic as the highest office of the judiciary in the Slovak Republic, its competences, powers and functioning. In the same way there are listed other offices without which the judiciary as such could not function like Prosecutor’s Office of the Slovak Republic, Slovak Bar Association, Notary Chamber of the Slovak Republic and Slovak Chamber of Executors. At the end of the article the author evaluates the development of justice in the context of an ever-evolving democratic society.

  • Specifics of Argumentation in Judicial Practice in Ukraine

    Author: Volodymyr Kistianyk
    Institution: Advocate
    ORCID: https://orcid.org/0000-0003-2169-7487
    Year of publication: 2020
    Source: Show
    Pages: 38-49
    DOI Address: https://doi.org/10.15804/ksm20200303
    PDF: ksm/27/ksm2703.pdf

    In the context of reforming the legal system of Ukraine, the issue of judicial argumentation, which is developing in modern law schools, is necessary in current conditions of law enforcement process. In this regard, there is a need to outline the problematic aspects of the use of argumentation in the Ukrainian judicial system. This article is devoted to some features of the argumentation contained in decisions of Ukrainian courts. The article describes typical problems that occur during judicial argumentation, which hinder quality of justice. The author analyzes the logical approach to judicial argumentation, argumentation based on principles, the rhetorical approach and inductive as well as deductive argumentation during proceedings in Ukrainian courts. These are some of the most widely used approaches in judicial argumentation. The article provides some recommendations that can improve argumentation in Ukrainian judicial practice. These problems can be solved by improving the level of legal culture, increasing the education of litigants and by using other methods.

  • Oczekiwania i kierunki zmian

    Author: Piotr Kobylski
    Institution: Uniwersytet Technologiczno-Humanistyczny im. Kazimierza Pułaskiego w Radomiu
    ORCID: https://orcid.org/0000-0002-0345-904X
    Year of publication: 2022
    Source: Show
    Pages: 57-67
    DOI Address: https://doi.org/10.15804/ppk.2022.01.04
    PDF: ppk/65/ppk6504.pdf

    Legal Question to the Constitutional Tribunal. Expectations and Directions of Changes

    This study is devoted to the analysis of the provision of Article 193 of the Constitution of the Republic of Poland, which authorizes each court to submit a legal question to the Polish constitutional court about the compliance of a normative act with the Constitution, ratified international treaties or the act, if the answer to a legal question depends on the resolution of a case pending before the court. It is worth considering the expectations and directions of changes of the analyzed institution against the background of the applicable legal provisions. The practice of applying a legal question to the Constitutional Tribunal needs to be examined. During these more than thirty-five years, the constitutional measure has undergone some transformations. The main goal of this work is to assess the title legal question through the prism of over three decades of its operation.

  • The Impact of the Norm of the Polish Constitution Establishing the Lay Participation in the Administration of Justice on the Rule of Law in Poland

    Author: Simona Dementavičienė
    Institution: Mykolas Romeris University
    ORCID: https://orcid.org/0000-0001-7827-5416
    Year of publication: 2022
    Source: Show
    Pages: 133-145
    DOI Address: https://doi.org/10.15804/ppk.2022.02.11
    PDF: ppk/66/ppk6611.pdf

    In Western legal traditions, democracy is inseparable from the rule of law, which presupposes the state to establish an effective and transparent judicial system that guarantees human rights and freedoms. The involvement of Lay Participation in the administration of justice (lay judges (mixed tribunal) or justices of the peace (magistrates) is one of the instruments for achieving this objective. The constitutions of the fourteen EU Member States, including Poland, oblige some Lay Participation in the administration of justice. However, the formulations of the norms in the constitutions, establishing Lay Participation in the administration of justice, differ. Based on the analysis of the Polish case, the article focuses on the question whether it would be sufficient to establish a relevant general provision in the Constitution, leaving the specification (form and extent of Lay Participation) to the legislator. The case of Poland has shown that the legislator can, without amending the Constitution, introduce other forms of Lay Participation (such as justices of the peace) or/and extend the extent of Lay Participation to judicial disciplinary cases when they are elected by the legislature; however, this poses a threat to the rule of law in Poland. Therefore, the article aims at discussing the impact of the Polish constitutional regulation of the Lay Participation on the violation of the rule of law.

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