«Ajee.» dictionary Merriam-Webster.com, Merriam-Webster, www.merriam-webster.com/dictionary/ajee. Accessed September 29, 2022. firstname.lastname@example.org Managing Editors: email@example.com Methods: The scientific methods used in this article are comparative law, analysis of website content, functional analysis of legal acts and analysis of decisions of many international and national courts. Background: The content of the right to a fair trial, which derives from international documents, the Constitution and the legal system of the Slovak Republic, precludes the requirement and reasonable expectation of a fair decision in criminal proceedings. The document attempts to define the concept of justice and its procedural and substantive aspects as the course of proceedings, but also as the outcome of criminal proceedings. Criminal proceedings always aim to reach a specific decision of the body involved in the criminal proceedings and the court. Criminal proceedings without a decision would be meaningless; the content and quality of the decision, particularly from the point of view of legality and fairness, reflect the legal culture of the State and its organs. Results and conclusions: Justice in law has an ambiguous meaning from a legal theoretical point of view, not least because it is a concept with a high degree of abstraction. There is no legal theoretical definition of justice in the case law of the Slovak and Czech courts. In Slovak case-law, the concept of justice arises exclusively within the framework of the right to a fair trial, i.e. at the procedural level. However, as we have already mentioned, the criminal codes also refer in several places to the term «fair decision» following criminal proceedings, that is, at the level of justice on the merits. It should be remembered here that each individual has his own autonomous idea of justice and his own criteria for evaluating the actions of others.
It is almost impossible to reach a consensus on guilt and punishment in an individual criminal decision with the public and, in particular, with the parties to the proceedings, i.e.dem aggrieved party and the accused. In particular, individual justice in the decision is controversial, especially in cases of misappropriation or in the application of the principle of possibility. Dr. Yuliia Baklazhenko Dr. Serhij Kravtsov Dr. Tetiana Tsuvina Dr. Oksana Uhrynovska On the basis of the above, the purpose of this document is to examine the existing discretionary power of prosecutors in Slovakia, to analyse the possibilities of monitoring the exercise of these powers and to answer the question of how to improve the current possibilities of control. Bystrík Šramel and Libor Klimek The slovak prosecutor`s monopoly: no access to justice for the injured party? Editor-in-Chief – Dr. Oksana Uhrynovska. English Editor-in-Chief – Dr.
Sarah White. 5. Kelsen H, Queen Rechtslehre (Verlag Ősterreich 1960) 201. 1. 1. Krajči J, Diamant v hrude nezhnije (Latinské duchovné diamanty, ktoré v hrude časov nezhnili) (PEVŠ Bratislava 2018) 303. 3. Večeřa M, Spravedlnost v právu (Masarykova univerzita Brno 1997) 15-16. Start your free trial today and get unlimited access to America`s largest dictionary with: 2. Weinberger O, Inštitucionalizmus: nová teória konania, práva a demokracie (Bratislava 2010) 364. 7. Jelínek J, Říha, J, Sovák Z, Rozhodnutí ve věcech trestních se vzory rozhodnutí soudu a podáni advokátů (Leges 2015) 65.
Summary: 1st introduction. – 2. Justice in the law. – 3. Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. – 4. Enforcement practice in the Slovak Republic. – 5. Concluding remarks.
AJEE allows the author(s) to hold the copyright without restrictions. AJEE allows the author(s) to retain the publishing rights without restrictions. We use these terms within the meaning of the World Intellectual Property Organization and in accordance with the Berne Convention for the Protection of Literary and Artistic Works: one of the problems associated with it is the fact that the injured party in the Slovak Republic essentially has no power that would ensure the control of the discretionary powers of the prosecutor directly by an independent and impartial tribunal, independent of the Public Prosecutor`s Office.
Archivado en: Sin categoría Publicado en: 29/09/2022