Examples of using Adversarial procedure in English and their translations into Russian
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Official
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Colloquial
In the past, conflicts were generally resolved by means of adversarial procedures.
Although this is not an adversarial procedure, the person arrested may lodge an appeal with the Indictment Division.
The military justice system was being updated to introduce the adversarial procedure, which was used in the ordinary courts.
Genuine adversarial procedure shall be conducted, where the patient and/or his legal representative are given the opportunity to challenge the report of the psychiatrist;
The Working Group welcomes the functional benefit of being able to use the adversarial procedure in taking its decisions.
It had been stated that divorce was an adversarial procedure, whereby one party would ultimately be the winner and the other the loser.
Some amendments made in 1992 to criminal procedural law extendedthe sphere of judicial control and aligned the criminal trial more closely with the principles of adversarial procedure.
In operative paragraph 1, the words"adversarial procedure" were replaced by the words"the procedures which it has established";
The fundamental principles for the activity of the Constitutional Court of the Russian Federation shall be independence, collegiality,openness, adversarial procedures and the equality of parties.
In that connection, he expressed concern about the adversarial procedure applied to land disputes, which included counterclaims, and the growing role of the Israel Land Administration in enforcing disputed rights.
Hence, according to the author, the Conseil d'Etat had not considered his arguments based on a fair and adversarial procedure, solely because they had not been presented to it by a lawyer.
Henceforth, disciplinary matters were considered under an adversarial procedure in which all the rights of the persons appearing before it were guaranteed and the decisions taken were subject to appeal before the Supreme Court.
The Working Group notes that the hearing on the confirmation of heradministrative detention order and the subsequent appeal proceedings were conducted before a military jurisdiction lacking transparency and adversarial procedure.
Provide all persons deprived of their liberty for administrative offences with a public and adversarial procedure that guarantees a fair trial, as defined in article 14 of the International Covenant on Civil and Political Rights;
Placement in and renewal of pretrial detention is decided by the liberty and custody judge(who cannot be removed from office and is distinct from the investigating judge),following an adversarial procedure that is heard in public.
Concerning investigations conducted under Act No. 906(instituting an adversarial procedure), 419 investigations were under way on alleged acts of torture: 382 were at the pretrial stage and 8 at the investigation stage.
It provides for a mechanism to resolve family disputes without the intervention andhelp of lawyers and helps to maintain the personal dignity and privacy of family units by not following the adversarial procedure and by providing for in-camera proceedings.
Any corrective measure to ensure or restore order anddiscipline must be adopted through an adversarial procedure which ensures the right of defence of the accused and is decided by an independent and impartial authority;
The Government therefore made a request to the Commission, to the effect that any such document, if any existed, which it received from any party whatsoever,should be transmitted to the Government in order to guarantee that an adversarial procedure was followed.
Moreover, out of this same concern for objectivity, the rapporteurs andworking groups have always used an adversarial procedure, hearing both the alleged victims and the State, thus making it possible for the reports to reflect each point of view.
The adversarial procedure prior to possible placement in pretrial detention takes place in public, except where the State prosecutor or a party concerned objects to a public hearing, or where the information in question relates to crimes and offences coming within the scope of organized delinquency.
In the inquisitorial procedure, the confession was the most important piece of evidence,which increased the risk of the use of torture, whereas in the adversarial procedure the confession was less important, which meant there was less risk of torture being used.
Such a withdrawal can only take place following an adversarial procedure in which the authorities with jurisdiction for the recognized laws or regulations shall be able to take a decision on compliance with these laws or regulations by the beneficiary whose conduct is contested.
It regrets, however, that the Procurator-General's application, which called into question the initial decision of the indictment division,was not considered in an adversarial procedure that would have allowed the defence to contest it by presenting its own arguments.
The right to a fair trial was likewise guaranteed by the Constitution, andwas ensured by the use of the adversarial procedure, which gave both parties full freedom to present their arguments and to participate equally in the examination of witnesses and the submission of evidence.
The Working Group recommends that legislation be aligned with international law standards in order to ensure the respect forthe presumption of innocence, for the principles of opposition and adversarial procedure and equality of means in all phases of the criminal procedure. .
Any claim to withhold publication of evidence on national security grounds must be determined by a body that isindependent of the executive, following an adversarial procedure with such adaptations as may be strictly necessary to ensure effective independent oversight without unjustifiably imperiling legitimate national security interests.
Azerbaijan, Ecuador, Finland, Mexico, Portugal, the ICJ and the NGO Coalition suggested that the friendly settlement of disputes should be subject to one or more of the following principles and safeguards: fairness; good faith; respect for human rights; optional character; close monitoring of implementation of settlement;possibility to return to the adversarial procedure in case the friendly settlement fails or is unduly delayed.
From the information received during the visit, it appears that detention for administrative offences, although decided by a court,is not preceded by a public and adversarial procedure and does not guarantee a fair trial as defined by article 14 of the International Covenant on Civil and Political Rights.
In paragraph 16 of its resolution 57/307, the General Assembly requested the Secretary-General to undertake a more in-depth analysis of the implications of ensuring that the executive heads of organizations collaborate with the staff associations in the development of comprehensive legal insurance schemes to cover legal advice andrepresentation for staff, with a view to ensuring equality of all staff in adversarial procedures and the widest possible access of staff to the administration of justice.