Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-a000309
Saad Nasser AlQahtani
Background: Saudi Arabia (KSA) is a global leader in producing fossil fuels and has primarily relied on this energy source for its Gross Domestic Product (GDP). However, after the 2014 oil crash, the country established Vision 2030, intending to shift toward a non-oil dependent economy. Through this vision, Saudi Arabia aims to increase generation of electricity from clean energy sources by 30%. This paper examines the effectiveness of strict intellectual property (IP) regulations aiming to develop the renewable energy (RE) sector. Methods: In this paper, the author examines the effectiveness of strict intellectual property rights in-depth to develop innovation in the renewable energy sector as mentioned in Saudi Arabia’s 2030 Vision. The paper makes a comparison with countries, such as the EU and China, regarding the extent to which strict intellectual rights have improved innovation. The author uses an inductive research approach that relies on qualitative data since it critically analyses regulations and policies in many countries, such as Saudi Arabia, the EU, and China. Results and conclusions: The author finds that financial incentives are more effective than in developing innovation in the renewable energy sector. Most importantly, developing countries benefit from financial incentives to increase innovation since many developed countries have adopted a strict IP law after their markets developed.
{"title":"Can strict intellectual property laws facilitate the renewal of energy sector growth? The case of Saudi Arabia","authors":"Saad Nasser AlQahtani","doi":"10.33327/ajee-18-6.3-a000309","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000309","url":null,"abstract":"Background: Saudi Arabia (KSA) is a global leader in producing fossil fuels and has primarily relied on this energy source for its Gross Domestic Product (GDP). However, after the 2014 oil crash, the country established Vision 2030, intending to shift toward a non-oil dependent economy. Through this vision, Saudi Arabia aims to increase generation of electricity from clean energy sources by 30%. This paper examines the effectiveness of strict intellectual property (IP) regulations aiming to develop the renewable energy (RE) sector. \u0000Methods: In this paper, the author examines the effectiveness of strict intellectual property rights in-depth to develop innovation in the renewable energy sector as mentioned in Saudi Arabia’s 2030 Vision. The paper makes a comparison with countries, such as the EU and China, regarding the extent to which strict intellectual rights have improved innovation. The author uses an inductive research approach that relies on qualitative data since it critically analyses regulations and policies in many countries, such as Saudi Arabia, the EU, and China. \u0000Results and conclusions: The author finds that financial incentives are more effective than in developing innovation in the renewable energy sector. Most importantly, developing countries benefit from financial incentives to increase innovation since many developed countries have adopted a strict IP law after their markets developed.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44396452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-n000321
S. Nate, G. Kharlamova, A. Stavytskyy
Background: The work examines the results and conclusions of the roundtable held on May 24, 2023, within the framework of the research project. The participants of the event discussed the main challenges that the Ukrainian government will face after the war when restoring the economy. The war and Ukraine’s expected victory should significantly change the geopolitical and economic situation in the world, change the understanding of energy as a weapon, and thus, create a guarantee of energy independence for the entire European continent. Scholars, policy makers, scientists, and practitioners joined together in discussion about addressing the needs of Ukraine after the victory, during the reconstruction phase. The participants noted the inevitability of institutional changes in the Ukrainian state, which is required by the future accession to the EU and NATO. However, in addition to economic challenges, Ukraine will face a complex of significant post-war problems: ensuring social stability, restoring infrastructure, ensuring the integration of the military into peaceful life, restoring the ecology of the territories where military operations were conducted, and significantly reforming the judicial system. Results and Conclusions: The policy paper concerning Ukraine’s reconstruction efforts was announced as a result of the roundtable. It was highlighted that, to establish a future regional infrastructure and foster a win-win business perspective, it is crucial to engage in practical discussions with the Romanian government and private companies. Creating a shared business platform would facilitate the transition from expressing interests to direct participation in the recovery process. To achieve broader reconstruction goals, it is essential to involve other Western industry actors from countries like Germany, France, Italy, the U.S., the UK, Poland, Norway, etc., with their financial, technological, and implementation capabilities.
{"title":"Roundtable Discussion on Ukrainian Reconstruction After the War: Key Policy Paper and Recommendations","authors":"S. Nate, G. Kharlamova, A. Stavytskyy","doi":"10.33327/ajee-18-6.3-n000321","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-n000321","url":null,"abstract":"Background: The work examines the results and conclusions of the roundtable held on May 24, 2023, within the framework of the research project. The participants of the event discussed the main challenges that the Ukrainian government will face after the war when restoring the economy. The war and Ukraine’s expected victory should significantly change the geopolitical and economic situation in the world, change the understanding of energy as a weapon, and thus, create a guarantee of energy independence for the entire European continent. Scholars, policy makers, scientists, and practitioners joined together in discussion about addressing the needs of Ukraine after the victory, during the reconstruction phase. The participants noted the inevitability of institutional changes in the Ukrainian state, which is required by the future accession to the EU and NATO. However, in addition to economic challenges, Ukraine will face a complex of significant post-war problems: ensuring social stability, restoring infrastructure, ensuring the integration of the military into peaceful life, restoring the ecology of the territories where military operations were conducted, and significantly reforming the judicial system.\u0000Results and Conclusions: The policy paper concerning Ukraine’s reconstruction efforts was announced as a result of the roundtable. It was highlighted that, to establish a future regional infrastructure and foster a win-win business perspective, it is crucial to engage in practical discussions with the Romanian government and private companies. Creating a shared business platform would facilitate the transition from expressing interests to direct participation in the recovery process. To achieve broader reconstruction goals, it is essential to involve other Western industry actors from countries like Germany, France, Italy, the U.S., the UK, Poland, Norway, etc., with their financial, technological, and implementation capabilities.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41893134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-a000313
C. Săraru
Background: In this article, we have analysed the way in which the balance between public interest and private interest is achieved in administrative litigation in Romania and China. The research aims to highlight the distinct ways of solving the specific problems of this legal institution by the legislator and capitalise on the positive aspects.Methods: The article uses the historical method of analysing the evolution of administrative litigation in the two countries diachronically and the comparative method that explains the similarities and differences existing at the regulatory level in the two systems. The comparison will be based on the law that regulates administrative litigation in each state and on doctrinal and jurisprudential interpretations. Results and Conclusions: Despite adopting the first administrative litigation law in China in 1989, and Romania in 1990 after the r evolution of 1989 and the return to democracy, both countries have made remarkable progress in the last decades. This progress provides assurance for the protection of fundamental human rights in the adoption of administrative decisions and their subsequent judicial control.
{"title":"A Cross-Country Examination: Administrative Litigation in China and Romania","authors":"C. Săraru","doi":"10.33327/ajee-18-6.3-a000313","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000313","url":null,"abstract":"Background: In this article, we have analysed the way in which the balance between public interest and private interest is achieved in administrative litigation in Romania and China. The research aims to highlight the distinct ways of solving the specific problems of this legal institution by the legislator and capitalise on the positive aspects.Methods: The article uses the historical method of analysing the evolution of administrative litigation in the two countries diachronically and the comparative method that explains the similarities and differences existing at the regulatory level in the two systems. The comparison will be based on the law that regulates administrative litigation in each state and on doctrinal and jurisprudential interpretations.\u0000Results and Conclusions: Despite adopting the first administrative litigation law in China in 1989, and Romania in 1990 after the r evolution of 1989 and the return to democracy, both countries have made remarkable progress in the last decades. This progress provides assurance for the protection of fundamental human rights in the adoption of administrative decisions and their subsequent judicial control.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43924539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-n000315
M. Stefanchuk
Background: This legal analysis examines the current legislation in the field of legal regulation of some institutes of enforcement of decisions and draft l aws. It demonstrates modern trends in the development of legislation in this sphere and addresses problematic aspects related to the legal regulation of consolidated enforcement proceedings and legal regulation of the specifics of appeals against decisions, actions, or inaction of executors. The declared aim is to form a sustainable justice system in Ukraine, which fosters a peaceful and open society, ensures access to justice for all and creates effective, accountable institutions with broad participation on all levels. Scientific approaches to solving these problems are highlighted. Methods: To achieve the research goals , general scientific and unique methods of scientific research were applied, such as comparative-legal and semantic-structural methods, prognostic method and grouping, analysis, synthesis, and generalisation.Results and Conclusions: Two key problematic aspects of the legal regulation of consolidated enforcement proceedings are the lack of a definition of the term ‘consolidated enforcement proceedings’ in it and the absence of a defined mechanism for the transfer of enforcement proceedings, which complicates their application in practice. It has been concluded that the gaps in the legislation should be addressed at the legislative level and not remain subject to judicial lawmaking, as the judicial practice is unstable. Moreover, it should be in accordance with the requirements of European institutions in the sphere of enforcement proceedings, according to which national legislation should contain a clear definition of the conditions for enforcement and the statutory enforcement provisions should be set out clearly, avoiding the possibility of misinterpretation. A legal analysis of draft laws in the institute of consolidated enforcement proceedings was carried out. It has been established that the shortcomings of the legal regulation of the institute of consolidated enforcement proceedings, which remain unresolved, are the lack of a legislative definition of the legal category ‘consolidated enforcement proceedings’ , as well as the lack of clear, legal certainty regarding the procedure for the transfer of enforcement proceedings against a single debtor, opened by the state enforcement officer and private executors or only private executors. Considering the performed legal analysis, a definition of ‘ consolidated enforcement proceeding’ is proposed. A discrepancy has been identified between the Law of Ukraine ‘On Enforcement Proceedings’ and the procedural codes regarding determining the list of subjects entitled to appeal and the appropriate court for filing such an appeal . It has been proven that such legal uncertainty provokes complications in realising the interested person’s right to an effective means of legal protection. A legal analysis of draft laws, regarding the im
{"title":"Enforcement of decisions in Ukraine: prospects for the development of the legal institute","authors":"M. Stefanchuk","doi":"10.33327/ajee-18-6.3-n000315","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-n000315","url":null,"abstract":"Background: This legal analysis examines the current legislation in the field of legal regulation of some institutes of enforcement of decisions and draft l aws. It demonstrates modern trends in the development of legislation in this sphere and addresses problematic aspects related to the legal regulation of consolidated enforcement proceedings and legal regulation of the specifics of appeals against decisions, actions, or inaction of executors. The declared aim is to form a sustainable justice system in Ukraine, which fosters a peaceful and open society, ensures access to justice for all and creates effective, accountable institutions with broad participation on all levels. Scientific approaches to solving these problems are highlighted.\u0000Methods: To achieve the research goals , general scientific and unique methods of scientific research were applied, such as comparative-legal and semantic-structural methods, prognostic method and grouping, analysis, synthesis, and generalisation.Results and Conclusions: Two key problematic aspects of the legal regulation of consolidated enforcement proceedings are the lack of a definition of the term ‘consolidated enforcement proceedings’ in it and the absence of a defined mechanism for the transfer of enforcement proceedings, which complicates their application in practice. It has been concluded that the gaps in the legislation should be addressed at the legislative level and not remain subject to judicial lawmaking, as the judicial practice is unstable. Moreover, it should be in accordance with the requirements of European institutions in the sphere of enforcement proceedings, according to which national legislation should contain a clear definition of the conditions for enforcement and the statutory enforcement provisions should be set out clearly, avoiding the possibility of misinterpretation. A legal analysis of draft laws in the institute of consolidated enforcement proceedings was carried out. It has been established that the shortcomings of the legal regulation of the institute of consolidated enforcement proceedings, which remain unresolved, are the lack of a legislative definition of the legal category ‘consolidated enforcement proceedings’ , as well as the lack of clear, legal certainty regarding the procedure for the transfer of enforcement proceedings against a single debtor, opened by the state enforcement officer and private executors or only private executors. Considering the performed legal analysis, a definition of ‘ consolidated enforcement proceeding’ is proposed. A discrepancy has been identified between the Law of Ukraine ‘On Enforcement Proceedings’ and the procedural codes regarding determining the list of subjects entitled to appeal and the appropriate court for filing such an appeal . It has been proven that such legal uncertainty provokes complications in realising the interested person’s right to an effective means of legal protection. A legal analysis of draft laws, regarding the im","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46712312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-a000310
Berat Aqifi, Petrit Nimani, Artan Maloku
Background: The Republic of Kosovo is a country located in Southeast Europe with partial diplomatic recognition. Kosovo declared its independence on 17 February 2008, and has since gained diplomatic recognition from 116 member states of the United Nations. On 22 July 2010, the International Court of Justice rendered an advisory opinion on the legality of Kosovo’s declaration of independence, which was not in violation of neither general principles of international law, nor specific international law. In 2022, Kosovo filed a formal application to become a member of the European Union. In the Republic of Kosovo, the Constitution is the highest legal act. Laws and other legal acts shall be in accordance with this Constitution. Civil law is not codified but divided into separate laws. The property right is regulated by the Law on Property and Other Real Rights Law No. 03/ L-154. Property rights and other real rights in the Republic of Kosovo originate from this law. Keeping this in mind, in our article, we are going to highlight the range of problems related to property rights’ regulation and protection, including gaps in primary and secondary legislation, analysing case law, courts, state attorneys, and administrative authorities’ activities. Methods: In this paper, we analyse the institution of property rights. We used comparative and analytical methods based on the current legislation in Kosovo, utilising resources from the former Yugoslavia. Additionally, we used some historical methods to derive concrete results. Kosovo has inherited the relics of the former Yugoslav legal system; building a new system is a challenge in and of itself. In the context of property law in general, its legal protection is crucial for the owner to use and dispose of his property. Results and Conclusions: With the knowledge that the institution of property law is one of the main institutions of civil law, and is the fundamental institution of real law, we have analysed this law institution as a constitutional principle, regulated by special laws in Kosovo. Additionally, given the importance of the property institution, Kosovo has adopted laws that protect property rights, enjoying civil legal protection, criminal legal protection, and international protection. These laws should be in accordance with the country’s Constitution, with international human rights instruments, as well as with EU legislation.
{"title":"The Right of Ownership and Legal Protection in Kosovo’","authors":"Berat Aqifi, Petrit Nimani, Artan Maloku","doi":"10.33327/ajee-18-6.3-a000310","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000310","url":null,"abstract":"Background: The Republic of Kosovo is a country located in Southeast Europe with partial diplomatic recognition. Kosovo declared its independence on 17 February 2008, and has since gained diplomatic recognition from 116 member states of the United Nations. On 22 July 2010, the International Court of Justice rendered an advisory opinion on the legality of Kosovo’s declaration of independence, which was not in violation of neither general principles of international law, nor specific international law. In 2022, Kosovo filed a formal application to become a member of the European Union.\u0000In the Republic of Kosovo, the Constitution is the highest legal act. Laws and other legal acts shall be in accordance with this Constitution. Civil law is not codified but divided into separate laws. The property right is regulated by the Law on Property and Other Real Rights Law No. 03/ L-154. Property rights and other real rights in the Republic of Kosovo originate from this law.\u0000Keeping this in mind, in our article, we are going to highlight the range of problems related to property rights’ regulation and protection, including gaps in primary and secondary legislation, analysing case law, courts, state attorneys, and administrative authorities’ activities.\u0000Methods: In this paper, we analyse the institution of property rights. We used comparative and analytical methods based on the current legislation in Kosovo, utilising resources from the former Yugoslavia. Additionally, we used some historical methods to derive concrete results. Kosovo has inherited the relics of the former Yugoslav legal system; building a new system is a challenge in and of itself. In the context of property law in general, its legal protection is crucial for the owner to use and dispose of his property.\u0000Results and Conclusions: With the knowledge that the institution of property law is one of the main institutions of civil law, and is the fundamental institution of real law, we have analysed this law institution as a constitutional principle, regulated by special laws in Kosovo. Additionally, given the importance of the property institution, Kosovo has adopted laws that protect property rights, enjoying civil legal protection, criminal legal protection, and international protection. These laws should be in accordance with the country’s Constitution, with international human rights instruments, as well as with EU legislation.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43629168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-a000316
Alexandru Prisac
Background: The legal institution that delimits the powers of judicial bodies to resolve legal cases is the general jurisdiction. This interbranch institution which incorporates legal norms of several branches of procedural law that interact with one another . Within this jurisdiction, different types of competences exist, including alternative general competence and contractual general competence. This article aims to highlight the particularities of these types of general competence, starting from the alternative procedural right regulated in the legislation of both the Republic of Moldova and Romania. Methods: The results were obtained through applying various knowledge methods: synthesis, analysis, and comparison. The latter was particularly instrumental in highlighting the regulatory framework of alternative and contractual general jurisdiction in both the Republic of Moldova and Romania. This involved exploring the arguments that these jurisdiction types in the alternative procedural right, identifying the limits and conditions governing their exercise, and examining specifics of their regulation in each country. Additionally, the principles governing alternative and contractual general jurisdiction were also highlighted. Results and Conclusions: This article successfully distinguished between alternative general jurisdiction and contractual general jurisdiction, recognising them as two distinct types of general jurisdiction. This inability to recognise their difference has led to confusion and incorrect application in the judicial practice of the rules regarding the general competence of judicial bodies. The particularities of exercising the right to choose the jurisdictional body were highlighted both under the regulations regarding the alternative general competence and the contractual one. Finally, the study concludes with recommendations to ensure the correct application of these types of general competence in practice. It has been argued that the right to choose the jurisdictional body by virtue of general alternative and contractual jurisdiction constitutes a procedural right, not a substantive one . Proposals have also been proposed to amend the l, improving the alternative general jurisdiction and contract regulations.
{"title":"General Alternative and Contractual Jurisdiction in Moldova and Romania Based on the Alternative Procedural Right of Parties","authors":"Alexandru Prisac","doi":"10.33327/ajee-18-6.3-a000316","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000316","url":null,"abstract":"Background: The legal institution that delimits the powers of judicial bodies to resolve legal cases is the general jurisdiction. This interbranch institution which incorporates legal norms of several branches of procedural law that interact with one another . Within this jurisdiction, different types of competences exist, including alternative general competence and contractual general competence. This article aims to highlight the particularities of these types of general competence, starting from the alternative procedural right regulated in the legislation of both the Republic of Moldova and Romania.\u0000Methods: The results were obtained through applying various knowledge methods: synthesis, analysis, and comparison. The latter was particularly instrumental in highlighting the regulatory framework of alternative and contractual general jurisdiction in both the Republic of Moldova and Romania. This involved exploring the arguments that these jurisdiction types in the alternative procedural right, identifying the limits and conditions governing their exercise, and examining specifics of their regulation in each country. Additionally, the principles governing alternative and contractual general jurisdiction were also highlighted.\u0000Results and Conclusions: This article successfully distinguished between alternative general jurisdiction and contractual general jurisdiction, recognising them as two distinct types of general jurisdiction. This inability to recognise their difference has led to confusion and incorrect application in the judicial practice of the rules regarding the general competence of judicial bodies. The particularities of exercising the right to choose the jurisdictional body were highlighted both under the regulations regarding the alternative general competence and the contractual one.\u0000Finally, the study concludes with recommendations to ensure the correct application of these types of general competence in practice. It has been argued that the right to choose the jurisdictional body by virtue of general alternative and contractual jurisdiction constitutes a procedural right, not a substantive one . Proposals have also been proposed to amend the l, improving the alternative general jurisdiction and contract regulations.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49139625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.33327/ajee-18-6.3-a000314
Background: Digital technologies are an important factor currently driving society’ development in various areas, affecting not only traditional spheres, such as medicine, manufacturing, and education, but also legal relations, including criminal proceedings. This is not just about using technologies related to videoconferencing, automated distribution, digital evidence, etc. Development is constantly and rapidly moving forward, and we are now facing issues related to the use of artificial intelligence technologies in criminal proceedings. Such changes also entail new threats and challenges – we are referring to the challenges of respecting fundamental human rights and freedoms in the context of technological development. In addition, there is the matter of ensuring the implementation of basic legal principles, such as the presumption of innocence, non-discrimination and the protection of the right to privacy. This concern arises when applying artificial intelligence systems in the criminal justice system. Methods: The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception in the context of the AI application, as well as apply in-depth study and interpretation of legal texts. While building up the system of the basic principles of using AI systems in criminal justice, we used the system-structural and logical methods of research. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was applied to emphasise the main areas of possible application of AI systems in criminal proceedings. Results and Conclusions: The article identifies the main possible vectors of the use of artificial intelligence systems in criminal proceedings and assesses the feasibility and prospects of their implementation. In addition, it is stated that only using AI systems for auxiliary purposes carries minimal risks of interference with human rights and freedoms. Instead, other areas of AI adoption may significantly infringe rights and freedoms, and therefore the use of AI for such purposes should be fully controlled, verified and only subsidiary, and in certain cases, prohibited altogether.
{"title":"Application of Artificial Intelligence Systems in Criminal Procedure: Key Areas, Basic Legal Principles and Problems of Correlation with Fundamental Human Rights","authors":"","doi":"10.33327/ajee-18-6.3-a000314","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000314","url":null,"abstract":"Background: Digital technologies are an important factor currently driving society’ development in various areas, affecting not only traditional spheres, such as medicine, manufacturing, and education, but also legal relations, including criminal proceedings. This is not just about using technologies related to videoconferencing, automated distribution, digital evidence, etc. Development is constantly and rapidly moving forward, and we are now facing issues related to the use of artificial intelligence technologies in criminal proceedings. Such changes also entail new threats and challenges – we are referring to the challenges of respecting fundamental human rights and freedoms in the context of technological development. In addition, there is the matter of ensuring the implementation of basic legal principles, such as the presumption of innocence, non-discrimination and the protection of the right to privacy. This concern arises when applying artificial intelligence systems in the criminal justice system. \u0000Methods: The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception in the context of the AI application, as well as apply in-depth study and interpretation of legal texts. While building up the system of the basic principles of using AI systems in criminal justice, we used the system-structural and logical methods of research. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was applied to emphasise the main areas of possible application of AI systems in criminal proceedings. \u0000Results and Conclusions: The article identifies the main possible vectors of the use of artificial intelligence systems in criminal proceedings and assesses the feasibility and prospects of their implementation. In addition, it is stated that only using AI systems for auxiliary purposes carries minimal risks of interference with human rights and freedoms. Instead, other areas of AI adoption may significantly infringe rights and freedoms, and therefore the use of AI for such purposes should be fully controlled, verified and only subsidiary, and in certain cases, prohibited altogether.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43423529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-03DOI: 10.33327/ajee-18-6.3-a000306
H. Ostapenko
Background: The paper offers the analysis of implementation of legal certainty principle and access to justice in Ukraine. Both are regarded in connection to the rule of law principle; their coordination is shown in cases when the application of rule of law is required to patch the holes of imperfect judicial system facing the challenges of the ongoing war. Methods: The methods of legal reasoning and analysis are used to present the main approaches to legal certainty principle as well as to the access to justice. Additionally, with the help of comparative method their meaning and influence on the legal practice are established. The method of analogy is used to predict the possible solutions in order to improve access to justice in Ukraine. Results and Conclusions: Legal certainty is an element of the rule of law, it provides predictability in legal regulation, the clarity of legal norms, and demands the propriate way of legal acts enforcement as well as prohibits retroactivity. It challenges respect to the legitimate expectations and provides stability in legal regulation. The improvement in the application of the right to access to justice is beneficial for the legal certainty and vice versa. When legal certainty is violated due to the gap in legislation, unclarity of legal norms or controversy of legislative provisions and violated rights of the claimant could be restored, if the right of access to court is fully guaranteed. It is stated that res judicata, a requirement for legal certainty is a demand that is also common to access to justice.
{"title":"The Role of Legal Certainty Principle in Provision of Access to Justice in Ukraine in Wartime","authors":"H. Ostapenko","doi":"10.33327/ajee-18-6.3-a000306","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000306","url":null,"abstract":"Background: The paper offers the analysis of implementation of legal certainty principle and access to justice in Ukraine. Both are regarded in connection to the rule of law principle; their coordination is shown in cases when the application of rule of law is required to patch the holes of imperfect judicial system facing the challenges of the ongoing war.\u0000Methods: The methods of legal reasoning and analysis are used to present the main approaches to legal certainty principle as well as to the access to justice. Additionally, with the help of comparative method their meaning and influence on the legal practice are established. The method of analogy is used to predict the possible solutions in order to improve access to justice in Ukraine.\u0000Results and Conclusions: Legal certainty is an element of the rule of law, it provides predictability in legal regulation, the clarity of legal norms, and demands the propriate way of legal acts enforcement as well as prohibits retroactivity. It challenges respect to the legitimate expectations and provides stability in legal regulation. The improvement in the application of the right to access to justice is beneficial for the legal certainty and vice versa. When legal certainty is violated due to the gap in legislation, unclarity of legal norms or controversy of legislative provisions and violated rights of the claimant could be restored, if the right of access to court is fully guaranteed. It is stated that res judicata, a requirement for legal certainty is a demand that is also common to access to justice.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44797672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-03DOI: 10.33327/ajee-18-6.3-a000305
W. Storck
Background: In order to meet the demands of contemporary society, German juvenile criminal law needs a necessary reform. Consequently, this article proposes the reintroduction of indeterminate sentencing as an instrument for an overall social benefit to this need for reform and to counter the existing determinate sentencing system in place today. This specific sentencing system is understood to be the current guideline and norm currently implemented. According to Luhmann's systems theory, this contradicts the diversity of societies and the unique individuality of each member within them. In this perspective, individuals have the right to assert their rights and define their norms as long as they do not break the law or commit a criminal offence. Methods: The discussion surrounding indeterminate sentencing reached its conclusion in the late 1990s, so a lack of scientific research exists. However, considering the societal transformation and development of the younger generation, the reintroduction of indeterminate sentencing seems opportune. Niklas Luhmann’s flexible systems theory from the 1980 s is well suited to support this reintroduction. Based on a relevant literature review and the development of tightening in German juvenile law, this article adopts an analytical approach supported by social, legal and political research. It provides a framework elucidating the reasons and the appropriate form for reintroduc ing indeterminate sentencing as a useful method to increase resocialis ation among the youth . This framework includes practical approaches such as combining education, professional training and social education, all aimed at implementing a rehabilitative approach within the juvenile justice system, similar to the original law that was abandoned. Results and Conclusions: If this occurs, the indeterminate sentence allows for a more individualised approach, establishing an individual-oriented minimum sentence while maintaining a maximum duration. Thus, it aligns with Luhmann's flexible systems theory approach and proves relevant to the current circumstances of the youth generation. Such an approach offers greater benefits by emphasising the integration of education within the prison sentence for resocialisation, surpassing the capabilities of the current determinate sentencing in juvenile criminal law. The actual recidivism rates average between 25% and 30% depending on the sentence. With an education-focused approach adjusted to the juvenile offender , coupled with a realistic future- oriented education system in and after the sentence, the process of resocialis ation stands a better chance of success . Although the research on this topic is in its early stages, this approach serves as an initial step towards instigating the necessary reform within juvenile law.
{"title":"More Education of Juvenile Offenders In Sentences Of Imprisonment: A Reform And Justification Approach As A Consequence Of Niklas Luhmann's Systems Theory","authors":"W. Storck","doi":"10.33327/ajee-18-6.3-a000305","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000305","url":null,"abstract":"Background: In order to meet the demands of contemporary society, German juvenile criminal law needs a necessary reform. Consequently, this article proposes the reintroduction of indeterminate sentencing as an instrument for an overall social benefit to this need for reform and to counter the existing determinate sentencing system in place today. This specific sentencing system is understood to be the current guideline and norm currently implemented. According to Luhmann's systems theory, this contradicts the diversity of societies and the unique individuality of each member within them. In this perspective, individuals have the right to assert their rights and define their norms as long as they do not break the law or commit a criminal offence.\u0000Methods: The discussion surrounding indeterminate sentencing reached its conclusion in the late 1990s, so a lack of scientific research exists. However, considering the societal transformation and development of the younger generation, the reintroduction of indeterminate sentencing seems opportune. Niklas Luhmann’s flexible systems theory from the 1980 s is well suited to support this reintroduction. Based on a relevant literature review and the development of tightening in German juvenile law, this article adopts an analytical approach supported by social, legal and political research. It provides a framework elucidating the reasons and the appropriate form for reintroduc ing indeterminate sentencing as a useful method to increase resocialis ation among the youth . This framework includes practical approaches such as combining education, professional training and social education, all aimed at implementing a rehabilitative approach within the juvenile justice system, similar to the original law that was abandoned. \u0000Results and Conclusions: If this occurs, the indeterminate sentence allows for a more individualised approach, establishing an individual-oriented minimum sentence while maintaining a maximum duration. Thus, it aligns with Luhmann's flexible systems theory approach and proves relevant to the current circumstances of the youth generation. Such an approach offers greater benefits by emphasising the integration of education within the prison sentence for resocialisation, surpassing the capabilities of the current determinate sentencing in juvenile criminal law.\u0000The actual recidivism rates average between 25% and 30% depending on the sentence. With an education-focused approach adjusted to the juvenile offender , coupled with a realistic future- oriented education system in and after the sentence, the process of resocialis ation stands a better chance of success . Although the research on this topic is in its early stages, this approach serves as an initial step towards instigating the necessary reform within juvenile law.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48276864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-03DOI: 10.33327/ajee-18-6.3-a000308
Orhan Çeku
Criminal procedure law consists of legal principles, such as a fair and impartial trial and within a reasonable time, presumption of innocence, the principle "in dubio pro reo," independence of the court, equality of parties, the principle "ne bis in idem"etc. Among the main principles recognised by International Conventions, the Constitutions of States, and Criminal Procedure Laws is the principle, “The right not to be tried twice for the same offence," or as it is also known, "ne bis in idem." The principle “in bis in idem” is used in Kosovo’s criminal proceedings, and recognition of this principle by international convention, including its recognition by the Law of the European Union, is analysed in this paper. The legislation of Kosovo was established with the influence and assistance of the international community, which had an administration mandate until 17 February 2008, the date on which Kosovo declared its independence and, hence, separated from the former Yugoslavia. The new state is not a member of the UN but is officially recognised by more than 100 countries. In 2010, the International Court of Justice issued the Advisory Opinion which concluded, “The declaration of independence in respect of Kosovo on 17 February 2008 had not violated general international law.” The purpose of this paper is to emphasise the importance of this principle when dealing with criminal cases before regular courts, the legal security that this principle provides to society, and the implementation of international legal instruments in the national law. Methods: The paper uses methods of analysis and synthesis, the descriptive method, as well as the method of doctrinal interpretation of legal norms of criminal proceedings. Results and conclusions: This principle has been accepted by international instruments and by Kosovo’s constitutional and legal system. The application of this principle in the criminal justice system in Kosovo forms legal certainty for citizens and constitutes protection of the rights and legitimate interests of persons involved in criminal proceedings. Kosovo has applied international standards in the implementation of criminal legislation and has directly incorporated international human rights instruments into its constitutional system (International Covenant on Civil and Political Rights adopted by the UN in 1966, ensued by the European Convention for the Protection of Human Rights and Fundamental Freedoms).
{"title":"'Ne Bis In Idem' Principle in Criminal Proceedings – Comparative Analysis with International Instruments and Kosovo Legislation","authors":"Orhan Çeku","doi":"10.33327/ajee-18-6.3-a000308","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000308","url":null,"abstract":"Criminal procedure law consists of legal principles, such as a fair and impartial trial and within a reasonable time, presumption of innocence, the principle \"in dubio pro reo,\" independence of the court, equality of parties, the principle \"ne bis in idem\"etc. Among the main principles recognised by International Conventions, the Constitutions of States, and Criminal Procedure Laws is the principle, “The right not to be tried twice for the same offence,\" or as it is also known, \"ne bis in idem.\" The principle “in bis in idem” is used in Kosovo’s criminal proceedings, and recognition of this principle by international convention, including its recognition by the Law of the European Union, is analysed in this paper. \u0000The legislation of Kosovo was established with the influence and assistance of the international community, which had an administration mandate until 17 February 2008, the date on which Kosovo declared its independence and, hence, separated from the former Yugoslavia. The new state is not a member of the UN but is officially recognised by more than 100 countries. In 2010, the International Court of Justice issued the Advisory Opinion which concluded, “The declaration of independence in respect of Kosovo on 17 February 2008 had not violated general international law.”\u0000The purpose of this paper is to emphasise the importance of this principle when dealing with criminal cases before regular courts, the legal security that this principle provides to society, and the implementation of international legal instruments in the national law.\u0000Methods: The paper uses methods of analysis and synthesis, the descriptive method, as well as the method of doctrinal interpretation of legal norms of criminal proceedings.\u0000Results and conclusions: This principle has been accepted by international instruments and by Kosovo’s constitutional and legal system. The application of this principle in the criminal justice system in Kosovo forms legal certainty for citizens and constitutes protection of the rights and legitimate interests of persons involved in criminal proceedings. Kosovo has applied international standards in the implementation of criminal legislation and has directly incorporated international human rights instruments into its constitutional system (International Covenant on Civil and Political Rights adopted by the UN in 1966, ensued by the European Convention for the Protection of Human Rights and Fundamental Freedoms).","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43587834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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