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In polygraph history, Cleve Backster’s “numerical scoring chart analysis” is considered as revolutionizing the manner of polygraph charts analysis. Yet, earlier history of chart analysis, as being reviewed in this publication, lead to the conclusion that the “numerical scoring chart analysis” was more evolutionary rather than revolutionary.
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In Latin America, the investigative interview is still in its beginnings. Currently, most public and private investigators use interview and interrogation techniques aimed at obtaining admission or confession, instead of applying Investigative Interview techniques focused on information gathering. This document provides an overview of the Conversation Management Approach. This is an investigative interview technique used to interview uncooperative criminal suspects, such as those accused of feminicide. An example of how to apply the technique in a case of feminicide is shown, to serve as a guide to good practices. This technique consists of three phases that must be considered when administering and applying the interview. In the first, the behavior before the interview is reviewed, in which the planning and preparation of the interview was carried out. The second phase is the interview to elicit information, which consists of a variety of questioning style techniques, explanation of procedures and instructions to follow, rapport building, and clarifi cation of information. The third phase is called the post-interview phase, which consists of closing and evaluating the entire interview process. The objective of this work is to provide Latin American interviewers with information on the best practices in investigative interviews used in other countries, to raise their aware of the need for training in this area. The correct application of investigative interview techniques is essential to investigate crime, and training of interviewers in this type of technique is necessary to improve the results obtained through interviews.
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The authors of this article consider the advantages of using a visual version of CIT during polygraph examinations. The presentation of the rarely used CIT encourages to discussion about the possibility of implementation such tests in serious criminal cases. Their application takes a form similar to the police lineup. However, the main difference is that the suspect reviews photographs of possible crime victim. In the described case we are dealing with a so-called “reverse police lineup”. As the result, the visual CIT proved that the examinee knew the victim of the crime, despite the fact that he had previously denied this. Thanks to the examinee’s arousal recorded on the key question, it was also possible to obtain the desired psychological effect in the form of the perpetrator’s confession and the indication of other evidence proving his guilt.
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In Kosovo, which by force remained part of the former Serbo-CroatianSlovenian Kingdom (1918-1929) and later under the Yugoslav Kingdom (1929-1941), residents of the Muslim denomination, all issues from the personal status domain, family law, inheritance law and issues related to the waqfs institutions (legates), have resolved through the rules of Sharia law. Therefore special state bodies were organized - the Sharia courts, which, in fact, were part of the state courts and had similarities with them. These courts were also established with the same system in other countries with Muslim population, such as Macedonia, Montenegro and Bosnia and Herzegovina. There were district or first instance Sharia courts and second instance courts or Supreme Sharia courts. The application of Sharia law in Kosovo, since the beginning of the Ottoman rule, and even between the two World Wars, has not been the subject of study of our scholars until today, although this right has been applied for a long time and although there are still a considerable number of documents related to this field. The Kosovo Archives alone contain some fonds with thousands of documents produced by Sharia court offices, which operated in Kosovo between the two World Wars, and such documents have been little researched and not considered. Our paper therefore aims to present some data from these documents and other sources on the role and activity of these courts, as well as to present the fonds of these courts that are preserved in the Archives of Kosovo.
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This article, based on a literature review, provides an analysis of the causes and applications of new technologies in the Chinese judiciary, and attempts a legal and ethical assessment of the hazards faced by both the developers as well as parties involved and court personnel. This issue is considered significant due to the growing extent of the application of increasingly sophisticated technological tools and their potential to effectively respond to the challenges encountered by the Chinese judiciary. The considerations presented lead to the conclusion that innovations applied in courtrooms contribute to the acceleration and facilitation of proceedings, address staff shortages, and have the potential to redefine established solutions in law. However, they are by no means a perfect remedy, and there are a number of dangers associated with their deployment, such as loss of autonomy by judges, algorithmic errors, technology bias, or over-reliance on technology. There is, therefore, a necessity to undertake further research into the application of modern technologies in the Chinese judiciary and to assess their effectiveness through the prism of the emerging risks they entail.
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The article discusses the problem of social reintegration of prisoners, which — despite being repetedly raised in therelevant literature — remains to be a point of issue. In the light of a recent survey by the Polish Public Opinion Research Centre,former convicts are seen by the Polish society among groups most at risk of social exclusion. In turn, a report on convicted adultsby the Ministry of Justice of 2020 shows that many ex-convicts return to crime in the first year after being released, whichnegatively affects the internal security of our country. This encourages one to rethink social reintegration of convicts and to searchfor additional arguments in favour of extending special support to them. Although the existing legislation allows for unlimitedapplication of the principle of individualised assistance for social readaptation of convicts, the circle of persons who can ingagein social readaptation of inmates during their imprisonment is strictly limited. Excluding from this circle all persons validlyconvicted of intentional offences is unjustified and downright unlawful, being contrary to higher-order legal acts. An analysisof the applicable law shows that the constitution itself contains arguments for not treating this group differently from otherindividuals most at risk of social exclusion. A review of lower-order legal acts points out that following Poland’s accession to theEU there appeared new measures and additional reasons, different from those traditionally identified in the doctrine of executivecriminal law, to invest in any human capital in need of support, including prisoners
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Equality of opportunity and treatment between women and men is a fundamental principle of human rights, transposed both at the legislative level and at the level of public policies. This principle is enshrined in Law no. 202/2002 regarding equal opportunities and treatment between women and men, republished, with subsequent amendments and additions, which regulates the measures for promoting equal opportunities and treatment between women and men in all spheres of public life. The development of public policies in this field must bring improvements to social life, correct those attitudes and behaviors that could lead to the exclusion or marginalization of people, of one sex or another, and promote the benefits of building an inclusive and non-discriminatory society, in which the dimension gender is integrated, so as to register real benefits on the lives of all women and men and to eliminate any form of discrimination and gender violence.
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Insolvency means "that state of the debtor's patrimony which is characterized by the insufficiency of funds available for the payment of certain, liquid and enforceable debts" (art. 5, point 29 of Law no. 85/2014). Most traders see insolvency as the end point of the business - a moment when the company is assaulted by creditors, and the only option left is bankruptcy or closure of the company. Indeed, in some cases, insolvency is one of the symptoms of a non-performing business, however in many situations the inability to pay is just the result of an unfavorable situation that any trader can encounter, even those who have a viable business (for example customers do not pay their debts on time, sources of financing become unavailable, etc.). The difference between insolvent companies that survive on the market and those that disappear is the managers' ability to quickly identify the resources needed for recovery. Solutions must be sought primarily in the economic sphere and always involve profound changes in the way society functions; however, the other instruments that can facilitate a faster recovery of the society in difficulty should not be neglected.
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The article examines the main principles and forms of relations between the State Criminal and Executive Service of Ukraine and religious organizations. The role of religion in the correction and resocialization of convicts is highlighted. The principles and forms of involvement of religious organizations in working with convicts are considered. The international and Ukrainian regulatory framework, which regulates the activities of religious organizations in penal institutions and providing for the religious needs of prisoners, is analyzed. It was concluded that Ukrainian legislation and state policy as a whole contribute to ensuring the rights of religious prisoners and meeting their religious needs. Problematic issues in this field and prospects for the development of relations between the penitentiary system and the church are identified.
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After the fall of the communist regime in Eastern and Central Europe, a new geopolitical context was created on the European continent and beyond. These changes had important implications for the security and foreign policy dimension of the EU. The political turmoil that erupted in the former communist countries in the early ‘90s and especially the wars in the former Yugoslavia that began in 1991 highlighted the EU's lack of capabilities to respond to crisis management situations either in its own backyard or in other parts of the world. This was reaffirmed during the Kosovo war in 1998-99, where the EU failed to play any major role in resolving the conflict. Because of changes in the geopolitical landscape in its neighborhood and beyond, the EU began to increase its efforts to empower the foreign and security policy. In this regard, the European Union Rule of Law Mission in Kosovo (EULEX) - which is the subject of study in this paper - is of great significance. This is because EULEX is the largest civilian mission ever launched under Common Security and Defense Policy of the European Union, and is therefore an important exam through which the EU's capabilities in implementing these policies on the ground are tested. Analytical discussion takes place through a mixed methodology where both qualitative and quantitative methods are combined. The study highlights that the EULEX mission has faced significant challenges in terms of efficiency and public image, concluding that the lessons learned from the EULEX mission’s work will serve as a valuable experience that can help the EU in its efforts to strengthen the Common Security and Defense Policy further.
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Explaining law, from a historical perspective, is opportune and useful in order to understand its essence. The possibility of knowing law must be accompanied by the integration of the historical phenomenon in determining reality. Undoubtedly, the understanding of legal reality is conditioned by the recourse to historical sources whose role is noteworthy in changing the life of law. The broad content of history, the diversity of circumstances of this kind reveal their influence and, therefore, their importance in the mobile construction of law. The creation of law can be perceived as a consequence of the effects of a concrete historical fact that configures, in time, a distinct legal phenomenon. The legal orientation actually follows the social-historical and political trajectory of each society. This relation of law to history is permanent. The harmonization of current law with all past events ensures the creation and proper application of the social-legal norms.
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As follows from the entire reality of life and, as recognized and enshrined by the qualities and force of law, the creation of different relations among people is the process giving birth to the variety of legal norms, the necessary coordinator of the inherent human relations which turn out to be, generically speaking, the fundamental reason of the creation of the legal sphere. We can thus say that we are the legal founders of law before the entities invoked and charged with the burden of its concrete determination can operate and prove diligence so that the rules, thus conceived, will conform to the obvious reality, a reflection of human life and thought. Man, the creator of relations, relations that create law, out of necessity, from the belief of a fulcrum in the understanding of the human spirit, in the permanent search for selfdiscovery and, as a natural matter, for harmonizing with fellow human beings, determines and justifies the desire to dispose of a real support, useful in demonstrating justice, truth, righteousness, values sensitive to human thought and reason under any existential circumstance which, independently, are, at the same time, indelibly connected in the development of the human universe.
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Islamic boarding schools did not receive juridical recognition from the state for a long time, so their graduates were often not recognized. During the time of President Jokowi, radical changes occurred. Islamic boarding schools were recognized and designated as educational institutions like public education institutions. The state recognized the existence of theses schools with the declaration of Law Number 18 of 2019 concerning Islamic boarding schools. However, the law was met with positive and negative reactions, especially among Islamic groups. The research delves into the questions why the law was met by pros and cons, what caused them, how the contestation was expressed in the ratification of the Islamic boarding school law. The research has employed the social theory of Pierre Bourdieu to analyze the contestation model. The findings of the present research indicate that the contestation on the formulation of the Islamic boarding school law had occurred before the law was declared. The pro and contra groups split into two big poles, consisting of the pro groups driven by the Islamic organization Nahdlatul Ulama (NU) and the contra groups by the Islamic organization Muhammadiyah. The article focuses on their contestation and the consequences that led to the current situation in the country.
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Family violence includes violence that occurs between family members - parents, intimate partners, siblings or family members of multiple generations, and grandparents. Witnessing family violence refers to situations in which a child witnesses frequent and prolonged verbal or physical violence between parents or other family members. Family violence is considered to be all threatening, coercive or controlling actions used by one family member towards another. Family violence may occur between two or several family members, but it inevitably affects all members of that family. Although child abuse and domestic violence are separated as forms of violence, it is important to point out that they are usually not mutually exclusive. Therefore, a child should be considered a victim, even if he is not the primary victim, when he hears or witnesses constant arguments or physical violence between parents or other family members. In these situations, it is considered that the child is experiencing mental or emotional abuse, which is why he has an increased risk of becoming violent himself. In addition, both the child and the adult may hold themselves responsible for the violent behavior, especially if the perpetrator of the violent behavior convinces them of this. Given that they are in a situation that requires the help of other people, and because of their own responsibility that they feel even though it does not exist, health and psychological difficulties or an anxiety disorder may appear that greatly disrupt the daily life of people who experience violence and thus prevent them from working what they would like.
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After Poland regained its full independence, Polish families experienced many conditions that influenced their functioning. Family members were marked by low education, they experienced diseases and unemployment, therefore many of them, not finding decent living conditions, set off to emigrate. There were a lot of orphans after the First World War in Poland. The State tried to improve the fate of families to the best of its abilities. The creation of a new law, including the marriage and family law, was of great importance in the new Polish State made up of the areas which were the areas of the former Partitions. This was the task of the Codification Commission estab- lished by the State in 1919. It also prepared a draft of the family law published in 1931 which was under discussion. The Catholic community participated in the discussion of the draft of this law, and the Priestly Athenaeum within it. The Priestly Athenaeum dealt with wider family issues, going beyond the scope of the law in terms of content. However, the discussion in its pages on the draft of the matrimonial law of the Codification Commission played a large role in the Catholic environment. This discussion influenced the further course of the codification.
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The article is devoted to analyzing the online courts as a platform for small claims proceedings in civil cases. The author describes the concept of “e-justice”, which involves e-filing, electronic systems of assignment of cases, e-case-management, eDiscovery, ODR, electronic systems for court practice, and using Artificial Intelligence (AI) in civil proceedings. The article describes two main approaches to the ODR concept – narrow and broad. In terms of the broad approach the author describes different types of online courts for small claims, particularly Online Civil Resolution Tribunal (British Columbia, Canada), Online Solutions Court (Great Britain), etc. The author analyzes current innovations in the structure of online courts, connected with integrating information systems and online ADR into online court platforms. Special attention is paid to the guaranties of the right to a fair trial in online courts.
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The Western Balkan region continues to face significant challenges in establishing the rule of law. This paper examines the socio-legal factors contributing to the weakness of the rule of law in the Western Balkans. It identifies three key factors: inefficient and unaccountable state institutions, the rule of informal institutions and corruption networks, and impotent formalistic judiciary. These are traced back to underlying historical, sociological, and legal prerequisites in the region. The analysis finds that state institutions in the Western Balkans are often extractive and controlled by political elites, undermining checks and balances. Additionally, informal institutions like clan networks continue to thrive, promoting corruption and impunity. Finally, the judiciary retains vestiges of socialist legal formalism, hampering impartial adjudication. Recommendations focus on the need for substantive domestic ownership of reforms by local actors. Sustainable rule of law requires capable and accountable state institutions along with strong civic engagement. The EU and international donors must re-examine their technocratic approach and insist on tangible improvements.
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The article examines the legal nature and content of legal subjectivity of international migrants using the cutting-edge methodology of international legal personology. The relevance of the research topic is the need to apply the personology methodology to the study of the personal component of the international legal system, especially in the context of Russian aggression which poses a threat to the lives of Ukrainian refugees. The purpose of the article is to determine the legal nature and content of international migration legal personality of a person using the latest methodology of international legal personology. The methodological basis of the study is an interdisciplinary and comprehensive approach which made it possible to formulate the conceptual framework of international migration legal personality of a person with due regard for the modern doctrine and practice of international law. The work uses a number of general theoretical and special scientific methods: objectivity; dialectical; historical and legal; formal and logical; special legal; systemic and structural; comparative legal; sociological; the person-centered method was developed by the author specifically for the study of the problems of the subject of law in general and the subject of international law in particular. It posits that the 1948 mistranslation of the traditional legal concept of "legal personality" (person before the law) as "legal subjectivity" in Article 6 of the Universal Declaration of Human Rights has had negative methodological consequences for domestic studies of personative legal reality. In their research, the scholars typically focused on the legal status, rights and duties of the legal subject rather than legal personality per se. The study of specific qualitative traits of legal personality (such as personative capacity, under the umbrella term of “legal capacity”, or negative capacity, in the narrow framework of criminal capacity) has been fragmentary, sporadic, and categorically vague. Only when legal personology cohered as an academic approach did it became possible to use an adequate person-centric methodology to study the personative element of any legal system. A personological analysis of the traditional concept of "legal capacity" identified three aspects: 1) normative: the capacity of a social actor to bear a legal status, possess rights and duties (normative capacity before the law); 2) personative: the capacity of a social actor to be a subject of law, a legal personality, a bearer of a personative legal form of a physical, legal or sovereign person (personative capacity before the law); 3) communicative: the capacity of a social actor to take part in legal communications, to be a party of legal relations (communicative capacity before the law). Further personological study of international migration law found that a person bears all the features of an international legal personality that possesses the corresponding sectoral personative capacity and active capacity at the universal, regional, and particular level. Meanwhile, a significant number of environmental (climate), anthropogenic and political migrants remain outside the purview of international legal regulation at the universal level, where they are conventionally referred to by the rather restrictive term "refugee". At the regional and especially at the bilateral level, there is a risk that the generally recognised rights and fundamental freedoms of forced migrants during accelerated readmission, which underscores the necessity of academic scrutiny of this relatively new institution of international migration law.
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The steady growth of Muslim communities in European countries makes possible conflict situations due to the difference between Eastern and Western worldviews. The study of the European experience of finding possible ways to overcome intercultural crisis situations is relevant and expedient from the point of view of possible further implementation into national legislation. To achieve the goal, a set of methods was used: dialectical (for objectivity and comprehensive knowledge of the institution of human rights, taking into account various factors (in particular, religion), formal-legal method (for establishing the content of legal norms, analyzing the practice of their application), methods of analysis and synthesis (for the analysis of the constitutional legislation of foreign countries, which enshrines human rights and freedoms) and others. The comparative legal method was used as the leading one. The article compares Muslim and European approaches to the nature and content of human rights. The key characteristics of the legal status of a person, peculiar to Islamic law, are highlighted in the aspect of bringing such an understanding of human rights to the European environment. The constitutional-legal institution of human rights and freedoms in European states is based on the natural-law concept in the conditions of a liberal democracy and a secular state. Constitutional and legal norms on human rights in Muslim countries establish the inalienable influence of religion. The measures taken by the authorities of European countries are not effective enough. Only compromises, mutual respect for culture and preservation of religious foundations, and the use of primarily legal means of conflict resolution on both sides will help reduce tension and resolve disputes that arise between Muslims and European society. On the basis of the analysis and synthesis of constitutional and legal acts, scientific works, etc., possible ways of avoiding the problems of integration of Muslim minorities in Europe are suggested.
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