JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL
Objective: To prove that judicial error leads to taking the non-judicial act. Methods: Methodology of comparative juriridical studies was used. Results: Revelations of human rights breaches for fair trial were analyzed. As a result of the study of the European court practice formed in connection wit...
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| Format: | Article |
| Language: | English |
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Tatar Educational Center “Taglimat” Ltd.
2013-06-01
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| Series: | Russian Journal of Economics and Law |
| Subjects: | |
| Online Access: | https://www.rusjel.ru/jour/article/view/1218 |
| _version_ | 1826928674765537280 |
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| author | V. V. Oganesyan |
| author_facet | V. V. Oganesyan |
| author_sort | V. V. Oganesyan |
| collection | DOAJ |
| description | Objective: To prove that judicial error leads to taking the non-judicial act. Methods: Methodology of comparative juriridical studies was used. Results: Revelations of human rights breaches for fair trial were analyzed. As a result of the study of the European court practice formed in connection with judicial errors and breaches of rights for fair trial, it is proposed to distinguish the notions “illegal” and “non-judicial” act. Only non-judicial acts breaking the demands for rights and fairness are subject to revocation. Scientific novelty: For the first time a judicial error is viewed not only in the context of procedural activity, but as a breach of human right for fair trial. Practical value: The proposals formulated in the research can be used in scientific, law-making and law-enforcement activity, in educational process of higher professional education establishments of juridical sphere. |
| first_indexed | 2024-03-08T23:16:57Z |
| format | Article |
| id | doaj.art-fb539489716a4071a4898d740d172606 |
| institution | Directory Open Access Journal |
| issn | 2782-2923 |
| language | English |
| last_indexed | 2025-02-17T15:53:14Z |
| publishDate | 2013-06-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj.art-fb539489716a4071a4898d740d1726062024-12-18T11:46:57ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232013-06-01021701751216JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIALV. V. Oganesyan0Erevan state universityObjective: To prove that judicial error leads to taking the non-judicial act. Methods: Methodology of comparative juriridical studies was used. Results: Revelations of human rights breaches for fair trial were analyzed. As a result of the study of the European court practice formed in connection with judicial errors and breaches of rights for fair trial, it is proposed to distinguish the notions “illegal” and “non-judicial” act. Only non-judicial acts breaking the demands for rights and fairness are subject to revocation. Scientific novelty: For the first time a judicial error is viewed not only in the context of procedural activity, but as a breach of human right for fair trial. Practical value: The proposals formulated in the research can be used in scientific, law-making and law-enforcement activity, in educational process of higher professional education establishments of juridical sphere.https://www.rusjel.ru/jour/article/view/1218judicial trialjudicial errorjudicial acta breach of right for fair trial |
| spellingShingle | V. V. Oganesyan JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL Russian Journal of Economics and Law judicial trial judicial error judicial act a breach of right for fair trial |
| title | JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL |
| title_full | JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL |
| title_fullStr | JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL |
| title_full_unstemmed | JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL |
| title_short | JUDICIAL ERROR AS THE BASIS FOR JUDICIAL ACT REVOCATION AND ITS LEGAL IMPACT IN DETERMINING THE BREACH OF RIGHT FOR FAIR TRIAL |
| title_sort | judicial error as the basis for judicial act revocation and its legal impact in determining the breach of right for fair trial |
| topic | judicial trial judicial error judicial act a breach of right for fair trial |
| url | https://www.rusjel.ru/jour/article/view/1218 |
| work_keys_str_mv | AT vvoganesyan judicialerrorasthebasisforjudicialactrevocationanditslegalimpactindeterminingthebreachofrightforfairtrial |