Differences Between Traditional Criminal Justice and a Human Dignity Based Approach

Dearing, Albin

doi:10.1007/978-3-319-45048-3_5

Cited by 2 publications

(2 citation statements)

References 7 publications

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“…The term 'powers' as the right to perform certain actions should be distinguished from the term 'functions' as obligations, which follows from the role of the official proposed by the law, which he was obliged to perform in civil proceedings. 13 The powers (rights) are a means of ensuring the performance of the function, as well as an integral part of the function, and must be provided to the extent necessary for the performance of the function. 14 That is why:…”

Section: Characteristics Of the Procedural Function Of The Subjects O...mentioning

confidence: 99%

RETRACTED: Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

Alibekov¹

2021

Maastricht Journal of European and Comparative Law

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The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

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Section: Characteristics Of the Procedural Function Of The Subjects O...mentioning

confidence: 99%

RETRACTED: Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

Alibekov¹

2021

Maastricht Journal of European and Comparative Law

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“…Уголовное наказание в рассматриваемых странах имеет общий теоретический фундамент, который заключается в одном из главных принципов -«возмездие» (retribution). Наказание как возмездие за совершенное преступление также рассматривается некоторыми авторами в корреляции с правами жертв преступлений, что является логичным (Dearing, 2017). США и Соединенное Королевство входят в число лидеров по количеству заключенных на душу населения и длительности сроков отбывания уголовного наказания в местах лишения свободы (Scott, 2013:2).…”

Section: сравнение института прав жертв преступлений в соединенном ко...unclassified

A comparative study of the formation of doctrinal directions of the institution of legal protection of crime victims in the USA and the United Kingdom of Great Britain and Northern Ireland

Andrusenko

2023

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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The United States and the United Kingdom of Great Britain and Northern Ireland have a long history of forming and developing legal protection of the rights of crime victims, which is based on the recognition of state responsibility for the failure to protect society from crime and provision of comprehensive support to crime victims, including compensation, benefits, medical care, social services, support of specialized public organizations. At the same time, the norms of public law regulating state compensation for harm to victims of crime are important. In fact, a study of the leading legal institutions of the United Kingdom of Great Britain and Northern Ireland, which has accumulated positive regulatory and legal experience in ensuring the rights of crime victims and their legal protection, which can be perceived as legislative novelties in the Russian Federation, is indicative. The relevance of the topic is also conditioned by the social significance of the issue of legal protection of the rights of crime victims, as well as the legal reality that has developed in the Russian Federation in the field of legislative regulation of the status of victims of criminal offenses, which directly affects the right to compensation for harm caused to them.

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Differences Between Traditional Criminal Justice and a Human Dignity Based Approach

Cited by 2 publications

References 7 publications

RETRACTED: Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

RETRACTED: Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

A comparative study of the formation of doctrinal directions of the institution of legal protection of crime victims in the USA and the United Kingdom of Great Britain and Northern Ireland

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