The Right to Use Legal Remedies Against Court Decisions in Contested Procedure

The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure

Commentary on the Limits of Compensation and Deterrence in Legal Remedies

Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies

Program for the 19th Annual John F. Sonnett Memorial Lecture Series: Legal Remedies Against the Council\u27s Failure to Act

Program for Legal Remedies Against the Council\u27s Failure to Act by Judge Ole Due, President of the European Court of Justice (1988-1994).https://ir.lawnet.fordham.edu/events_programs_sonnett_miscellaneous/1005/thumbnail.jp

Legal Remedies for “Cloud-Seeding” Activities: Nuisance or Trespass?

Intrinsically disordered proteins (IDPs) and intrinsically disordered regions (IDRs) of proteins are very common and instrumental for cellular signaling. Recently, a number of studies have investigated the kinetic binding mechanisms of IDPs and IDRs. These results allow us to draw conclusions about the energy landscape for the coupled binding and folding of disordered proteins. The association rate constants of IDPs cover a wide range (10(5)-10(9) M-1 s(-1)) and are largely governed by long-range charge-charge interactions, similarly to interactions between well-folded proteins. Off-rate constants also differ significantly among IDPs (with half-lives of up to several minutes) but are usually around 0.1-1000 s(-1), allowing for rapid dissociation of complexes. Likewise, affinities span from pM to mu M suggesting that the low-affinity high-specificity concept for IDPs is not straightforward. Overall, it appears that binding precedes global folding although secondary structure elements such as helices may form before the protein-protein interaction. Short IDPs bind in apparent two-state reactions whereas larger IDPs often display complex multi-step binding reactions. While the two extreme cases of two-step binding (conformational selection and induced fit) or their combination into a square mechanism is an attractive model in theory, it is too simplistic in practice. Experiment and simulation suggest a more complex energy landscape in which IDPs bind targets through a combination of conformational selection before binding (e. g., secondary structure formation) and induced fit after binding (global folding and formation of short-range intermolecular interactions)

Legal Remedies for Judicial Review for Investigators of Pretrial Decisions Regarding the Invalidity of the Order to Terminate the Investigation in the Perspective of Law Enforcement with Certainty

Arrangements regarding legal remedies that can be submitted by investigators against the judge's decision regarding investigative actions in the form of terminating the investigation with the issuance of an Investigation Termination Order (SP3) in pretrial cases. Law No. 8/1981 on the Criminal Procedure Code was not expressly enforced. This article aims to identify legal remedies against pretrial decisions regarding the invalidity of the Termination of Investigation Order (SP3) in the future. This paper is normative legal research, namely the process of finding legal rules, legal principles, and legal doctrines to address legal issues at hand. The result of this study is the arrangements regarding extraordinary legal remedies in the form of a judicial review of criminal decisions that have permanent legal force and are not acquitted or released from all previous legal claims before the entry into force of the Criminal Procedure Code that have been regulated can also be submitted by interested parties. Necessary to reconstruct the regulation of legal remedies against pretrial decisions, especially extraordinary legal remedies in the form of reconsideration, especially by investigators as parties who are very interested in the action

Legal Remedies Against Grant Decisions

This contribution deals with grant procedures in the Czech Republic, in particular with grants from the European Structural and Investment Funds. The main aim of the article is to examine possible legal remedies that can be used by grant applicants in case of adverse decisions. There is no separate legal act dealing solely with grant procedures in the Czech Republic. Therefore, this contribution analyses the relation between Act No. 218/2000 Coll., Budgetary Rules and Act No. 500/2004 Coll., Code of Administrative Procedure, with an emphasis on the amendment to Budgetary Rules which came into effect on 1st January 2018 and brought significant changes to rules governing the grant procedures. This article does not deal with the control of projects implementation nor remedies against sanctions for the breach of budgetary discipline. The methods of description, analysis, comparison and synthesis are used for writing this contribution

The Effects of Traffic Related Air Pollution and Proposed Legal Remedies

This paper intends to examine the environmental issues that accompany air pollution generated from traffic related incidents, and the implications that this mass-generated pollution has on air quality, as well as the quality of life of humans exposed chronically to airborne carcinogens. Traffic related air pollution is an environmental problem that is heightened by urban design and population demographics such as urban sprawl, spatial distribution, population density, and infrastructure design. Furthermore, this paper will scrutinize Canadian legislation that regulates traffic related air pollutants, and develop an argument for how to apply legislation going forward. As Cartier, Benmarinha, and Brousselle (2015) identify, the mechanisms of air quality intervention are overlooked, which is necessary for producing effective legislation. The objective of this paper is to gain insight on a quantifiable problem, and to prescribe solutions through legislation, in order to regulate an issue which presents heath complications on a generational level

Positive Legislature dalam Putusan Mahkamah Konstitusi Mengenai Upaya Hukum Putusan Penundaan Kewajiban Pembayaran Utang

Constitutional Court as negative legislature as time goes by has become positive legislature, recently Constitutional Court verdict Number 23/PUU-XIX/2021 regarding Articel 235 examination from Bankruptcy Law and Debt Payment Postponement (PKPU) toward Indonesia’s Constitution (UUD NRI 1945), considered to cause constitutional losses because it does not regulate the existence of legal remedies against the PKPU verdict. This research aims to analyze the Judges consideration (ratio decidendi) of the Constitutional Court’s verdict regarding the legal remedies of PKPU verdict in accordance with the principles of justice and legal certainty and to analyze the enforcement of the Constitutional Court verdict regarding the legal remedies for the PKPU verdict which are positive legislation. This article used normative legal research method. The results of the study show that the progressivity in constructing the legal remedies in PKPU verdict with certain conditions (Conditionally Unconstitutional). The Constitutional Court’s decision which is final and binding in its implementation is not in accordance with the theory. It should be realized that in a decision that is self-executing, it still requires bureaucratic procedures to address the decision so that it can be implemented consistently in accordance with the principle of erga omnes