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Journal articles on the topic 'Legal person of public law'
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1
Barker, FR, and NDM Parry. "Private property, public access and occupiers’ liability." Legal Studies 15, no. 3 (November 1995): 335–55. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00524.x.
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There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.
2
Golts, Edgars. "PRESUMPTION OF INNOCENCE OF LEGAL PERSONS." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 26. http://dx.doi.org/10.17770/acj.v4i77.2875.
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There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.
3
Яковлев, Вениамин, Vyeniamin YAkovlyev, Эльвира Талапина, and Elvira Talapina. "Juridical Persons and Subjects of Public Law: in Legal Balance Search." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20909.
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The joint position of civil and administrative law specialists concerning an opportunity and need to obtain by public law subjects of the juridical person status is presented in this article. Public entity is a civil law subject, but it is presented by its public bodies. Considering features of public authorities as juridical person, authors draw the conclusion about a secondary role of a civil status. The article suggests new classification of administrative law subjects for public and private subjects depending on their role in public administration. The category of the juridical person of public law could be useful to settle the problem of the state “double face” in private relations. At the same time the authors call attention to various and ambiguous prospects of the Russian legislation development in this concept should be employed. The authors have formulated the principle of correct adoption according to which traditional civil concepts have to be accepted by public law in their initial understanding, without distortions, and vice versa.
4
Kulik, Marek. "The Local Government Body Member and the Local Government Employee as a Passive Bribery Offender under Polish Criminal Law." Lex localis - Journal of Local Self-Government 18, no. 2 (April 28, 2020): 433–48. http://dx.doi.org/10.4335/18.2.433-448(2020).
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The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code. Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.
5
Szereda, Kamil, and Jolanta Szymańska. "Independent public healthcare unit as an entrepreneur – considerations based on the Act on Medical Activity." Polish Journal of Public Health 125, no. 3 (September 1, 2015): 159–61. http://dx.doi.org/10.1515/pjph-2015-0045.
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Abstract An entrepreneur is someone that engages in a business activity on their own behalf. An entrepreneur might be a natural person, legal person and an organizational unit without legal personality, to which the legal capacity is given by a separate act. Regarding the current legislation, Supreme Court rulings and opinions contained in publications, the authors discuss the legal aspects of entrepreneur’s running an autonomous public health care facility. Since the act on medical activity has become law, both the status of health care facilities and the case law concerning their status as enterprises changed.
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Kharlamov, Valentin. "Criminal Law Interpretation of Victimization Aspect of Domestic Violence." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18694.
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The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.
7
Podaru, Ovidiu, and Andreea-Carla Loghin. "Pârâtul în contenciosul administrativ: istoria romanțată a unei brambureli judiciare." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 3 (March 10, 2021): 5–54. http://dx.doi.org/10.24193/subbiur.65(2020).3.1.
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"The Romanian administrative litigation is distinguished by the lack of unity of opinion on the passive procedural quality and, at the same time, by the existence of an ingrained custom – the possibility of suing the issuing body of the administrative act, as the sole defendant, – a custom currently lacking a particular legal basis. Starting from these premises, the study investigates at a conceptual level and from a diachronic perspective, the evolution of the defendant” in the administrative litigation, concluding that it is necessary to abandon the described custom. The passive procedural quality of the issuing body, even without legal personality, was justified by the doctrinal recognition of the theory of restricted legal capacity (or administrative law capacity) developed by Professor Ilie Iovănaș half a century ago. However, this theory was preceded by a succession of regulations, doctrinal opinions, and jurisprudential solutions, which, on careful analysis, contradicted it rather than substantiate it. Thus, since the interwar period, a distinction has been made between administrative bodies with legal personality and those without legal personality, the general conclusion being that legal personality is the only basis for passive procedural quality. In its absence, the administrative bodies (or, more precisely, the natural persons who held the leading position within them) could stand in court only as representatives of the legal person under public law – the state, the administrative-territorial units, the public establishments. But, even in the political-legal context created by Decree no. 31/1954 regarding natural and legal persons and by Law no. 1/1967 of the administrative contentious, the passive procedural quality was inextricably linked to the legal personality of a public law entity, because regardless of the claim made by the plaintiff, at least one of the defendants had to be a legal entity: insofar as the issuing body the defendant did not have legal personality, it could stand trial only in procedural co-participation with the legal person who ensured its existence (the one that which it depended from a patrimonial point of view). Moreover, in the event of the existence of an appeal for damages, procedural co-participation was necessary because, from a legal point of view, it is inconceivable that an entity without its own patrimony could be legally obliged to satisfy a patrimonial claim made by another legal subject. In conclusion, at the time of its creation, the theory of restricted legal capacity was developed by Proffessor Ilie Iovănaș to substantiate the sufficiency of the concept of administrative capacity (part of legal capacity, along with the civil one) to justify the passive procedural quality of the issuing body. However, with the political-legal changes of 1989, the foreground is suddenly occupied by the concept of unitary local authority a legal person under public law having its own patrimony, the administrative bodies being, at the same time, “depersonalized” (deprived of their legal personality) by their conceptual rethinking. However, in order to justify the passive procedural quality of the issuing body, the doctrine and the jurisprudence are continuing to use the theory of (restricted) administrative capacity, introducing the concept of administrative/public authority through successive laws on administrative litigation facilitating the preservation of this unfortunate custom. Currently, the legal basis that the Romanian doctrine uses to legally substantiate the theory of administrative capacity is related to the notion of public authority, as it is defined by art. 2 para. (1) letter b) of Law no. 554/2004 of the administrative contentious, and then used in the provisions of art. 1 and 13 of the same normative act. This theoretical construction is at least debatable: on the one hand, the notion is incoherent, a source of ambiguity in itself because it unjustifiably (and unfoundedly) assimilates an entity with full legal personality (private law) to one without legal personality (public law), ruining any attempt to bring order in this matter. On the other hand, the inadequacy of that concept results from the fact that it does not resolve all the situations in which, in practice, there would be a need to determine the issuing body of an administrative act. Consequently, taking into account the fact that any type of capacity, regardless of whether it is a material or procedural law, cannot exist, in theory, outside the legal personality, because each type of capacity is only a part of the juridical capacity (general), and the fact that any exception to this capacity must be expressly provided for by law (a procedural one, in the case of the capacity to stand as a defendant before the administrative court), it is undoubted that the only solution theoretically correct and practically risk-free for the plaintiff would be that, regardless of their concrete claim in court, the legal person of public law whose body issued the illegal act, the one that has the power to resolve the plaintiff’s claim must havepassive procedural capacity . This solution is also in line with the principle of security of legal relations (clarity and predictability of the law), especially since a legal person under public law can be recognized as issuing authority. This solution is based, on the one hand, on the provisions of the Romanian Civil Code (art. 218, 219, 221) which, acquiring applicability in the matter of administrative contentious pursuant to art. 28 of Law no. 554/2004 and assimilating from specific points of view the legal person of public law with that of private law, subjecting to the rules of the mandate the relations between the legal person and its bodies, and, on the other hand, those of the Romanian Administrative Code, given that the notion of administrative capacity acquired today, through art. 5 letter o) of the Romanian Administrative Code has an entirely different meaning."
8
Sienkiewicz, Tomasz. "THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW." Review of European and Comparative Law 28, no. 1 (March 15, 2017): 41–65. http://dx.doi.org/10.31743/recl.4310.
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When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).
9
Tabaszewski, Robert. "The Status of an Academic Teacher as a Public Officer. Comments in the Context of the Law on Higher Education and Science." Białostockie Studia Prawnicze 25, no. 4 (December 1, 2020): 173–86. http://dx.doi.org/10.15290/bsp.2020.25.04.12.
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Abstract The subject of this article is the legal status of an academic teacher as a person discharging a public function under the applicable Law on Higher Education and Science of 20 July 2018. It examines whether and to what extent the current regulation has affected the sphere of rights and obligations of an academic teacher who is a public official in special situations. In particular, the legal status of academic teachers and the status of public school teachers are compared. The author shows that the Law on Higher Education and Science does not contain a provision explicitly granting an academic teacher the status of a person performing a public function. This status is recognised in the rulings of common and administrative courts. Lawyers also recognise that an academic teacher, as a person employed at a university, that is, a unit with public funds, performs public functions. The article also describes the degree of legal responsibility of an academic teacher towards other entities.
10
Kadriu, Alban. "CRIMINAL LIABILITY OF LEGAL PERSONS IN R. OF MACEDONIA." Knowledge International Journal 28, no. 6 (December 10, 2018): 1947–52. http://dx.doi.org/10.35120/kij28061947a.
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Otherwise the subject of justice of a person with whom a person earns from his birth, a legal person is a product of the written law. In general, a legal entity is usually an organization that has ownership, economic activity, operational management, property and liability of its obligations with that property. Legal persons have their own will, their property they own and are responsible for their actions, which allows not being confused with the property of the people who founded it, nor of the will of all the people who work in it. Legal persons have an important role in everyday life. They are present and active in every field, because the legal system recognizes them as subjects of law.As an artificial creation created by law, a legal person also serves to create different collective goals and interests in society. However, it is important to note that all organizations, associations, institutions, etc., which exist today in the Republic of Macedonia, which have the property and organization of people working there, are not considered as legal entities. For this, the organization, company or the status of a legal person or the same should be foreseen in the state legal order. Criminal law in a country must, above all, serve the citizens, namely to assure their personal security and respect for human rights and fundamental freedoms, with proper functioning and due respect, above all of state bodies, but also of others. to enable citizens a peaceful life on the one hand, and on the other hand, the state will provide opportunities and a range of tools for maintaining the peace and well-being of citizens.From this we can conclude that if the offense is committed outside of the authority given to a natural person in this case the legal person can not be held responsible, but if the same case and despite being carried out outside the authorization is carried out in favor of the person legal entity in this case the legal person appears as an accomplice in the crime and to decide on his responsibility is the sufficient fact that the benefits he takes for himself or shares with his bailiff, noting the fact that the legal person and the person in charge of the person are collaborators of crime.From the criminal liability, the only excluded is the country by simple reason which would be illogical or with other words the state only accounts for themselves and their actions, while local governments are responsible only for offenses committed outside their public powers.
11
Popovski, Aleksandra. "Zaštita javnoga interesa u raspolaganju javnim dobrom u općoj uporabi." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 275–99. http://dx.doi.org/10.30925/zpfsr.38.1.9.
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The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of public law may protect the public interest. On the other hand, the contract as a legal basis for the use of public good does not allow a person of public law to enforce authoritative action and immediately protect the public interest. Nevertheless, administrative act and concession are underrepresented in the Croatian legislation, while contract has been given considerable space. Therefore, the subject of the article is the analysis of the regime of disposal of the public good, in order to critically address the adequacy of Croatian positive regulation from the viewpoint of the protection of the public interest, as well as to propose regulatory intervention in order to improve the present legal framework.
12
KAZANCHIAN, Lilit. "Features of Human Dignity in the Context of the Modern Philosophy of Law." WISDOM 15, no. 2 (August 23, 2020): 147–52. http://dx.doi.org/10.24234/wisdom.v15i2.358.
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The article explores the notion and peculiarities of the concept of “human dignity” in the modern democratic, legal state. In the given research the author implements holistic, systematical (methodical) analysis of content and distinguishing features of the dignity as the structural element of the concept “legal status of the individual”.
This study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the dignity of the individual.
The author comes to a conclusion, that the dignity of a person, who is a subject of law, is ensured by the complex of subjective rights and freedoms assigned to him or her, which constitute the legal status of a person. In other words, the person is both a subject of law and of “dignity”. Therefore, the dignity of the person becomes, from a legal point of view, a complex interdisciplinary legal institute. Consequently, the whole mission of this legal institute is to fulfil the virtues of man in the relations of reality. Thus, the law becomes an effective mean of regulating the whole complex of public relations that expresses human dignity.
13
Гареев, М. Ф. "Social impact as another measure of criminal law." Юридическая мысль, no. 3(119) (September 20, 2020): 139–49. http://dx.doi.org/10.47905/matgip.2020.119.3.010.
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В данной статье обосновывается необходимость введения меры уголовно-правового воздействия в отношении условно осужденных в виде их передачи под надзор лица, заслуживающего доверие, трудового коллектива, либо общественной организации. Обращение к данной мере направлено на повышение исправительного и предупредительного потенциала условного осуждения. This article substantiates the necessity of introducing a measure of criminal legal influence in relation to conditionally convicted persons in the form of their transfer under the supervision of a trustworthy person, labor collective, or public organization. The appeal to this measure is aimed at increasing the corrective and preventive potential of probation.
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Гареев, М. Ф. "Social impact as another measure of criminal law." Юридическая мысль, no. 3(119) (September 20, 2020): 139–49. http://dx.doi.org/10.47905/matgip.2020.119.3.010.
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В данной статье обосновывается необходимость введения меры уголовно-правового воздействия в отношении условно осужденных в виде их передачи под надзор лица, заслуживающего доверие, трудового коллектива, либо общественной организации. Обращение к данной мере направлено на повышение исправительного и предупредительного потенциала условного осуждения. This article substantiates the necessity of introducing a measure of criminal legal influence in relation to conditionally convicted persons in the form of their transfer under the supervision of a trustworthy person, labor collective, or public organization. The appeal to this measure is aimed at increasing the corrective and preventive potential of probation.
15
Osella, Stefano. "“De-gendering” the civil status? A public law problem." International Journal of Constitutional Law 18, no. 2 (July 2020): 471–75. http://dx.doi.org/10.1093/icon/moaa036.
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Abstract This article raises the problem of the inclusion of gender in the civil status of the person and argues that public lawyers are now called on to understand whether a genderless civil status is constitutionally permissible and desirable. Admittedly, this is not an easy task. Gender categories are deeply rooted in our legal systems. Arguably, they may prove necessary for the achievement of constitutionally grounded public interests and protect fundamental rights, such as equality between men and women. The task that public lawyers are faced with is further complicated by the affirmation of the right to gender recognition based on self-determination, and the inclusion of nonbinary genders in the law. These developments are indeed profoundly transforming the way in which gender is registered and controlled. Importantly, they put in doubt the effectiveness of gender as a criterion of legal categorization.
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Hartini, Rahayu. "The ambiguity of dismissal of notary over bankruptcy in Indonesia." Legality : Jurnal Ilmiah Hukum 29, no. 2 (July 11, 2021): 269–85. http://dx.doi.org/10.22219/ljih.v29i2.15677.
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A notary is a public official who has the authority to make authentic deeds and other authorities regulated in-laws and regulations. Notaries are also private legal subjects (natuurlijk persons), which have free will to carry out legal actions. According to the Law on Notarial Positions, a Notary is dishonorably dismissed when (s)he is declared bankrupt. On the other hand, the UUK and PKPU recognize the rehabilitation of bankrupt debtors if they have fulfilled their obligations. This is where there is ambiguity or a fuzzy norm (vegen norm). Legal research aims to find out how bankruptcy is regulated in the notary position, and what are the legal consequences for the position of a notary both as a person and in relation to his/her position as a notary public? This legal research is normative juridical using a statutory approach and a conceptual approach. The legal materials obtained are analyzed using content analysis. The results of the discussion: 1). Notary bankruptcy has been regulated in UUK and PKPU as well as in the Law on Notary Position. 2). The legal consequences for a Notary who is declared bankrupt by the Commercial Court have an impact on the notary's personality, as well as on his position. According to the Law on the Position of Notary Public, if violating Article 84 which results in losses to the parties, the notary is obliged to pay compensation. According to the UUK and PKPU, this could result in the debtor losing the right to act freely on his assets, but not losing the right to perform his/her tasks and hold a position. As a recommendation, in the Law on the Position of Notary Public, it is necessary to clearly define the separation of Notary as a person from her/his position as his profession.
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Sumachev, Alexey, Sergey Kvach, Dmitriy Dyadkin, and Olga Arkhipova. "Legal activity of an individual in criminal law and environmental policy." E3S Web of Conferences 91 (2019): 08070. http://dx.doi.org/10.1051/e3sconf/20199108070.
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Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.
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Dyzenhaus, David. "The political conception of the legal person: A reply to Gila Stopler." International Journal of Constitutional Law 19, no. 2 (April 1, 2021): 412–14. http://dx.doi.org/10.1093/icon/moab029.
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Abstract Gila Stopler challenges us to reimagine the public–private distinction in a way which allows us both to confront the kinds of oppression to which feminists alerted us and to ward off absolutist attempts to gain control of the political. Her question is: How does one at the same time open up the personal and protect it? I argue that a clue to the answer lies in the way in which the issue should be seen not as the personal being political, but in the way the conception of the person we want to protect is political. Here I rely on an enemy of liberalism, Ernst Forsthoff.
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Widjiastuti, Agustin, Made Warka, Slamet Suhartono, and Hufron Hufron. "Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective." International Journal of Multicultural and Multireligious Understanding 7, no. 10 (November 2, 2020): 165. http://dx.doi.org/10.18415/ijmmu.v7i10.2135.
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The rule of law through the government must provide public services for its people. In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.
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Lyubimov, К. "LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF CIVIL SERVANTS." Social Law, no. 1 (March 1, 2019): 20–26. http://dx.doi.org/10.37440/soclaw.2019.01.03.
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The article reviews the scientific positions on understanding the concept of "legal responsibility", considers it as a positive and retrospective liability, and also proposes its own definition of legal liability of a civil servant. Emphasis is placed on distinguishing the civil servant's legal liability from the ordinary employee's legal liability, since the civil servant's legal responsibility is at the heart of each official's official activity, follows from the powers conferred, is a guarantee of the civil servants' observance of the law, civil service principles and their proper performance ulcers, etc.
The legal responsibility of a civil servant is considered, which is quite complex and multifaceted in contrast to the legal liability of ordinary citizens, since it is connected with the powers of the individual, the performance of their individual actions and functions, the exercise of administrative and administrative-legal influence on public relations in the state. Accountability of civil servants has both general and specific features of legal liability.
The scientist has identified a number of features that distinguish the legal liability of civil servants from the legal liability of ordinary workers. Such features include: 1) the legal liability of a civil servant is characterized by an increased level of liability of such persons for similar crimes, offenses or disciplinary offenses as provided by the current legislation; 2) increased possibilities for applying the head of the department, directly subordinate to a civil servant, to have powers to identify disciplinary actions and to bring a civil servant to disciplinary responsibility; 3) the broad effect of the legal liability of a civil servant for the offenses committed; 4) the purpose of legal responsibility consists not only in punishment of the guilty person, restoration of the violated rights and interests of the person, carrying out preventive activity, but also in ensuring in the further proper fulfillment by the civil servant of his official duties, prevention of behavior which could discredit the public service and the public employee as a whole; 5) features of its classification.
The author of the article emphasizes that applying to a civil servant a certain type of legal responsibility not only condemns a civil servant by applying to him a state coercion, but also encourages other persons to behave properly and properly perform their official duties, to prevent committing actions that directly prohibited by applicable law.
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Byelov, D. M., and M. V. Hromovchuk. "Constitutional and legal principles of status of person: some aspects." Analytical and Comparative Jurisprudence, no. 1 (July 1, 2021): 11–15. http://dx.doi.org/10.24144/2788-6018.2021.01.2.
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The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed.
It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system.
The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law.
At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.
22
Rattner, Arye, Dana Yagil, and Camelia Sherman-Sega. "THE SENSE OF ENTITLEMENT TO VIOLATE THE LAW: LEGAL DISOBEDIENCE AS A PUBLIC VERSUS A PRIVATE REACTION." Social Behavior and Personality: an international journal 31, no. 6 (January 1, 2003): 545–56. http://dx.doi.org/10.2224/sbp.2003.31.6.545.
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This study examined citizens' sense of entitlement to violate the law as a public response to an action of state authorities or as a private response to the harmful behavior of another person. Questionnaires examining sense of entitlement to violate the law, moral reasoning, political orientation and attitudes toward the law were administered to 329 Israeli students. The results show that respondents felt more entitled to violate the law as a public action than as an act of personal retaliation. Public law violation directed toward authorities was found to be most strongly related to political orientation. Nevertheless private law violation directed toward another person is related to the absence of a sense of obligation to comply with the law and to a lack of trust in legal authorities. Moral reasoning and religiosity were found to be indirectly related to both types of law violation. The results are discussed in regard to different types of triggers for law violation.
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Hardgrove, Anne. "Sati Worship and Marwari Public Identity in India." Journal of Asian Studies 58, no. 3 (August 1999): 723–52. http://dx.doi.org/10.2307/2659117.
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The legal debate in india over the worship and glorification of sati (widow burning, previously spelled “suttee”) stands unresolved at present. After several years of controversy, the practice of worshipping sati was made illegal in 1987 after the death of a young Rajput woman named Roop Kanwar. At that time the Indian government revised the colonial legislation banning widow immolation to include sati glorification and thereby outlawed ceremonies, processions, or functions that eulogize any historical person who has committed sati. The law furthermore prohibited the creation of trusts or fundraising to preserve the memory of such persons. This legal debate over sati worship provides the context in which this essay examines the cultural politics of how Calcutta Marwaris, a wealthy business community, have been among the most vehement defenders of sati worship in the last several decades.
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Brunskell-Evans, Heather. "The Medico-Legal ‘Making’ of ‘The Transgender Child’." Medical Law Review 27, no. 4 (2019): 640–57. http://dx.doi.org/10.1093/medlaw/fwz013.
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Abstract Thirty years ago, the transgender child would have made no sense to the general public, nor to young people. Today, children and adolescents declare themselves transgender, the National Health Service diagnoses ‘gender dysphoria’, and laws and policy are developed which uphold young people’s ‘choice’ to transition and to authorize stages at which medical intervention is permissible and desirable. The figure of the ‘transgender child’ presumed by medicine and law is not a naturally occurring category of person external to medical diagnosis and legal protection. Medicine and law construct the ‘transgender child’ rather than that the ‘transgender child’ exists independently of medico-legal discourse. The ethical issue of whether the child and young person can ‘consent’ to social and medical transition goes beyond legal assessment of whether a person under16 years has the mental capacity to consent, understand to what s/he is consenting, and can express independent wishes. It shifts to examination of the recent making of ‘the transgender child’ through the complex of power/knowledge/ethics of medicine and the law of which the child can have no knowledge but within which its own desires are both constrained and incited.
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Kikavets, Vitaly V. "PUBLIC INTEREST IN PUBLIC PROCUREMENT." RUDN Journal of Law 24, no. 4 (December 15, 2020): 1039–62. http://dx.doi.org/10.22363/2313-2337-2020-24-4-1039-1062.
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The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.
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Horielova, V. "Public morality as an object of national security of Ukraine: theoretical and legal aspect." Юридичний вісник, no. 5 (December 8, 2020): 98–104. http://dx.doi.org/10.32837/yuv.v0i5.2007.
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The article examines the expediency of introducing spiritual and moral and ethical values as an object of protection by the National Security Service of Ukraine in accordance with the draft Law on Amendments to the Law of Ukraine "On the Security Service of Ukraine" to improve organizational and legal principles. activities of the Security Service of Ukraine. It is established that as an object of national security, public morality can be interpreted in a narrow and broad sense. In a broad sense, such an object of public morality can be interpreted as a system of state values, such as sovereignty, language, territorial integrity, health, honour, dignity, inviolability of the person and so on. In the narrow sense, the object of social morality is the spiritual state of each individual, because a person according to the Basic Law of Ukraine is the highest value. It is clear that public morality cannot be "programmed" even by interpreting the practice of past world experience, and thus moral values are more appropriate to lay in the legal field to be protected. In our opinion, public morality as an object of protection by the security service of Ukraine should include in its structure values and ideas related to the life of society, as well as requirements and practices corresponding to these values. The current legislation of Ukraine, which is designed to protect human rights and freedoms, unfortunately, does not contain an interpretation of the concept of "morality" and "public morality". Even though everyone can understand good and evil, useful and harmful, he is also subject to his own ideas of good and bad. Under the law, a basic amount of responsibilities is created, the standard of moral behaviour necessary for the proper functioning of society. Thus, although the law cannot express the will of everyone and cannot correspond to the moral idea of justice of everyone, it is in democratic, legal states that the law creates a personal space of man, in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society several socially significant functions that will promote harmonization of person and society. Although the law cannot express the will of everyone and cannot correspond to the moral notion of justice of everyone, it is in democratic, legal states that the law creates a person's personal space in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society a number of socially significant functions that will promote harmonization of person and society. Although the law cannot express the will of everyone and cannot correspond to the moral notion of justice of everyone, it is in democratic, legal states that the law creates a person's personal space in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society a number of socially significant functions that will promote harmonization of person and society.
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Soltani, Samira, and Ahmad Ramazani. "Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities." Journal of Politics and Law 9, no. 6 (July 31, 2016): 61. http://dx.doi.org/10.5539/jpl.v9n6p61.
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One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.
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Popov, E. A. "Problems and Prospects of Research of Legal Life of a Person and Society." Russian Journal of Legal Studies 5, no. 1 (March 15, 2018): 96–101. http://dx.doi.org/10.17816/rjls18354.
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The article considers the phenomenon of legal life of man and society. Special attention is paid to the peculiarities of the investigation of this phenomenon in the jurisprudence and social Sciences. The role of legal life in the development of public relations and the overall legal system of the state. Axiological approach to the study of the legal life of man and society combines the efforts of law and social Sciences in the study of this phenomenon. This legal life is seen in a number of other independent phenomena and phenomena and legal reality, the legal mentality and law. These phenomena in scientific discourse as the phenomena relate to: 1) complement each other in meaning;2) showing the dynamics of the formation and consolidation of the society of legal values, based on the preservation of traditional values and norms; 3) constituents of the essential elements of any legal system in any historical time;4) inf luencing the formation of those or other legal norms and rules; 5) defining the nature of the relationship with different entities in law. Identify features of the legal life of man and society has an undeniable value for modern Sciences and knowledge. It is the legal life extends to all human individual and collective existence, affects the traditional values and norms. The article made the following conclusions: 1) the legal life connected with the daily life of a person; 2) legal life based on ancestral values, as well as cultural universals that are present in every national culture; 3) it becomes one of the factors of socio-cultural development of societies and States; 4) has an impact on the legal reality, since it ref lects the legal expectations of individuals; 5) appeals not only to the system of law and legal norms, but also to ethics, morals, principles of social justice and freedom.
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Ng, May Yee. "Judicial exclusivity in actions against public authorities: civil procedure rule, O’Reilly and human rights." International Journal of Law and Management 62, no. 5 (June 15, 2020): 507–18. http://dx.doi.org/10.1108/ijlma-07-2017-0164.
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Purpose This paper aims to provide an account of the legal development concerning civilian right to pursue legal action against public authorities. Review includes historical recap of the state of law practiced prior to 1977 and the decision in the case of O’Reilly that forcefully limit individual’s right to bring action. Despite its blatant disregard of the relevant statute, the O’Reilly decision remains a valid precedent. The essay then considers subsequent law reform and the effect of the Human Rights Act 1998 in limiting the applicability of the O’Reilly principle. The essay aims to benefit law students and non-legal lay person. Design/methodology/approach The paper adopts a hermeneutics positivism approach in considering relevant case laws that is precedent to the matter under discussion. Thereupon, an interpretivism approach is applied to examine subsequent reforms and its impact on civilian right to seek justice. Findings Judicial exclusivity restrains right to seek justice, but is it not totally discredited due to public policy. UK membership in the EU is an obstacle to judicial sovereignty, but it is also an avenue to dilute exclusivity. Social implications This paper is presented in a simple easy-to-understand form that enable lay-person to understand the current state of law in matters concerning public law violation by public authorities and avenues available to them. Originality/value The paper contributes to reinforce understanding on the conflict between common law and statute, and current state of law concerning individual’s right to access to the court of law in cases related to public laws and public authorities.
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Davitkovski, Borce, and Ana Pavlovska Daneva. "Organizational Concepts of Public Services in the Republic of Macedonia." Lex localis - Journal of Local Self-Government 7, no. 2 (September 8, 2009): 129–40. http://dx.doi.org/10.4335/77.
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The public services which fulfil some common social needs are provided by public, private and mixed institutions in Macedonia. Their legal framework is the Public Institution Act. Public institutions can be established by the state-owned, municipal and private funds. An institution has the capacity of a legal person with the rights and obligations determined by law. It can conclude contracts and perform legal affairs within the professional framework as it is registered in the Central Register. Each institution has its own bodies: the management board, director, a supervisory body and other bodies determined by law. During the 17-year process of Macedonia’s approaching the Euro-Atlantic integration and legal harmonization, the field of profession-specific organizations, oriented solely at providing public services, has undergone major changes. The results of these changes are still to be measured and assessed.
KEY WORDS: • public service delivery • public institution • financing public service delivery • public management • Macedonia
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Micucci, Lisa. "Responsibility and the Young Person." Canadian Journal of Law & Jurisprudence 11, no. 2 (July 1998): 277–309. http://dx.doi.org/10.1017/s0841820900002022.
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In 1993, two young boys were convicted for the murder of a two-year-old toddler, James Bulger. Both boys were ten years old when the murder was committed. Such a violent act raises the timeless question: At what age should a child be held fully responsible by a nation’s criminal justice system for criminal conduct? Serious crimes are being committed by young persons and the public seems to have the impression that such acts are being committed at an increasingly young age.Generally, the age of criminal responsibility (or legal responsibility) refers to the age at which a person becomes subject to the full penalties provided by the criminal law and this age varies greatly from country to country. In the Bulger case, at the age of ten, both boys had reached the age of criminal responsibility in England. Yet in other countries, this would not have been the case. In Canada, for example, the young persons would not have been subject to the criminal law since the minimum age of legal responsibility is twelve years. Historically, young persons have been given special treatment under the criminal law. Under the doli incapax (incapable of committing a crime) standard, a child’s capacity to commit a crime was questioned when attempting to affix criminal responsibility. Some countries still adhere to this common law doli incapax rule. In the first section of this paper, I will outline both the historical and present diversity between countries in relation to the age of criminal responsibility, as well as the associated advantages and disadvantages of these various systems.
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Hnat, Nadiia. "Place of legal persons of public law in the subordination of civil legal relations." Aktual’ni problemi pravoznavstva 1, no. 4 (December 15, 2017): 191–96. http://dx.doi.org/10.35774/app2017.04.191.
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Wagstaff, Graham F. "Hypnosis and the Law." Criminal Justice and Behavior 35, no. 10 (October 2008): 1277–94. http://dx.doi.org/10.1177/0093854808321669.
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The traditional view of the hypnotized person as someone in a state of automatism, possessed of transcendent powers, is still popular among the general public. This has obvious implications for legal issues concerning possible coercion through hypnosis and the use of hypnosis for interviewing witnesses. However, it is now the opinion of most researchers that hypnosis does not induce a state of automatism, and caution should be exercised when employing hypnotic procedures to facilitate memory. It is concluded that better progress will be made in countering public misconceptions about hypnosis, and in benefiting from research on the applications of hypnotic interviewing procedures, if more effort is made to use concepts and terminology that relate hypnotic phenomena to everyday behavior and experience.
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Kovalskyi, Viktor. "The theory of law functions. Introduction." Legal Ukraine, no. 2 (February 27, 2020): 6–13. http://dx.doi.org/10.37749/2308-9636-2020-2(206)-1.
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The development of the theoretical doctrine of the functions of law is associated with the creation of fundamental scientific knowledge about legal phenomena, processes and events. An important place in this case is occupied by an understanding of the impact of law on public, political, economic processes, civil society institutions, the binding of state power institutions to the norms of law, as well as legal motivation and identification of a person. Scientific knowledge about the state, determination and laws of the functions of law, their functioning in the information and legal space, is formed at the intersection of industry and intersectoral generalizations, the absorption of certain signs, phenomena and processes. Such knowledge relates, firstly, to the development of a methodology for the analysis of new social and legal phenomena (development of the technology of scientific analysis), and, secondly, they are realized in the context of obtaining and consolidating in the practical plane legal facts, concepts, events (development of legal praxeology). The scientific and practical problems of the functional purpose of law are related to the issues of management tools based on law, society’s self-preservation, legal security, legal consolidation and professional competence, as well as the development of legal awareness, legal culture and legal mentality of Ukrainian citizens. A theoretical analysis of the problems of the function of law can be properly carried out in determining the public boundaries of the emergence and change of legal relations, including those combined in protective, regulatory, organizational jurisdictions; at the present stage, such jurisdictions are mainly departmental or sectoral in nature. Among the many legal phenomena that have become the object of functional analysis, such phenomena as the state and quality of the legal system, the quality of legislation, the sequence of legal policy, legal civilization, regulation and control of public relations have recently attracted attention. The conceptual apparatus of legal science has recently increased significantly, although at the same time the methodological circle of concepts and methods of analysis practically remains the same. Conclusion: the theory of the functions of law makes it possible to determine the objects, objects and methodology of scientific knowledge of law in its functional purpose, integrative interpretation of legal concepts and categories. Key words: functions of law, influence of law, binding by the right of power, legal identification, expansion of the methodology of scientific analysis, restrictions on human rights, jurisdictions.
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Agulegistin, Meta, and Akhmad Khisni. "Comparative Juridical Analysis Of Witness's Position In Notarial Agreement Making Based On Islamic Law And Public Notary Law (UUJN)." Jurnal Akta 5, no. 2 (May 15, 2018): 345. http://dx.doi.org/10.30659/akta.v5i2.3085.
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The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law
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Muzafarova, Nargis S., and Faridjon M. Davlatzoda. "Procedural status of the prosecutor in legal proceedings to resolve public law disputes in the Republic of Tajikistan." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 705–17. http://dx.doi.org/10.21638/spbu14.2020.312.
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This article analyses the procedural status and forms of prosecutor participation in legal proceedings in public law disputes in general jurisdiction courts and special economic jurisdiction in the Republic of Tajikistan. Problems, contradictions, and gaps are identified in the current procedural legislation of the Republic of Tajikistan, which regulates the procedure for resolving public law disputes. Moreover, the article highlights the new approaches of the national legislator in the Civil Procedure Code of the Republic of Tajikistan 2008, the Economic Procedure Code 2008; The Code of Administrative Procedures of the Republic of Tajikistan 2007 which regulates the legal status of a prosecutor in resolving public law disputes in civil, economic, and administrative proceedings. In all these procedural acts in this category of disputes, the prosecutor is defined as a person participating in the case, which implies his legal interest in the ruling. Based on the analysis of national legislation, the article reveals that the objectives of the prosecutor in cases arising from public law relations are to ensure the rule of law and public interest. The authors conclude that the procedural institute of the prosecutor, as a person participating in cases on the resolution of public law disputes, is not new. However, many issues related to the prosecutor in the Republic of Tajikistan remain unresolved. Based on the results of the analysis conducted, the article concludes that there is a necessity to improve legislation that manages the participation of the prosecutor in the consideration of public law disputes.
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Aziz, Sardar Ali. "Legal regulation of crime reporting." Journal of University of Human Development 3, no. 2 (June 30, 2017): 59. http://dx.doi.org/10.21928/juhd.v3n2y2017.pp59-80.
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The Iraqi Legislator, in article (1-A ) of code of Criminal Procedure , has made notifying as an instrument to criminal cases , as a public right crimes ( according to the law ) it is considered to be permissible for a regular person , unless he/she knew about or seen the crime in advance is felony . It is considered to be binding for employee or assigned to public service, which knows that the crime is committed during his /her duty or due to it.
However, notifying on a terrorist crimes are considered to be binding on every individual within the society without exception , article (4/3) of Anti- Terrorism Act in Kurdistan Region number (3) for the year (2006),
This due to the nature of such crime and how it affects the public that lead to collective participation to combat it.
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Fondevilla, Gustavo, and Rodrigo Meneses Reyes. "Is cheaper better? Public and private lawyers before criminal courts in Mexico City." International Journal of Law in Context 12, no. 1 (February 23, 2016): 63–80. http://dx.doi.org/10.1017/s1744552315000361.
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AbstractThis paper aims to conduct a descriptive analysis of a total of 2,172 semi-structured interviews with sentenced inmates in Mexico City during 2002–2008 in order to explain how public legal defence works, how this service is evaluated by the inmates who took part in the interviews, and how the traditional division between public and private services constitutes an important distinction in the way in which criminals interact with, and are processed by, the legal system. Our findings suggest that, in the case of Mexico City: (i) to be tried by a public defender not only implies that the person accused holds a bigger chance of getting a softer sentence than those defended by private lawyers; but also, (ii) that the population will have a better perception of the justice process.
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I. M., Kopotun, and Chernysh V. V. "CRIMINOLOGICAL CHARACTERISTICS OF A CRIMINAL ABUSING POWERS IN PROVIDING PUBLIC SERVICES." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (December 22, 2020): 17–30. http://dx.doi.org/10.32755/sjcriminal.2020.02.017.
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The article gives a criminological description of a criminal who abuses his powers in providing public services. It is analyzed the state of domestic and foreign criminological researches concerning definition of this person concept as one of the fundamental elements of the criminological characteristic. Through a research of official statistics and court verdicts, the authors present a criminological portrait of a subject of criminal offense under the Article 365 of the Criminal Code of Ukraine. The characteristics are given regarding the main features and peculiarities of a criminal’s personality formation in the conditions of professional activity and the main determinants of the formation of his socially harmful, deformed legal consciousness. On the basis of the statistical data research on persons committing a criminal offense under the Article 365 of the Criminal Code of Ukraine, the main criminological characteristics of the offender are given in the article, including socio-demographic one (sex, age, education, place of birth, residence), socio-role (social) functions of the individual, belonging to a certain social group, interaction with other social groups, etc.), moral, psychological, emotional characteristics. The mechanism of interaction of social and biological aspects in a criminal is also revealed, and a criminal person is classified into separate types (according to socio-demographic data, socio-economic indicators, citizenship, a person’ state at the time of committing a criminal offense, etc.). It is established that the socio-demographic characteristics of persons abusing powers in providing public services, due to legal status, qualification requirements for the profession, all subjects of the criminal offense are citizens of Ukraine, who have, as a rule, higher education, necessary work experience in professional activities and who have received permission from the state to conduct public services, are characterized by a change in the motivational component and the transformation of value orientation, deviated from official discipline and the transformation of a person from law-abiding to a criminal one. Key words: criminological characteristics, a criminal, abuse of power, public services, persons providing public services.
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Мамульчик, А. М. "SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE." Juridical science, no. 1(103) (February 19, 2020): 205–10. http://dx.doi.org/10.32844/2222-5374-2020-103-1.24.
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The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.
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Romanova, A. "Psychological and legal features of resocialization of convicted persons." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 40–46. http://dx.doi.org/10.33098/2078-6670.2021.11.23.40-46.
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Purpose. The aim of the article is to analyze the elements of resocialization of convicted persons, methods of influencing the process of formation of law-abiding behavior for life at large, as well as psychological and legal factors influencing the process of adaptation of convicted persons to lawful self- actualization at liberty. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific cognition as terminological, system-structural, dialectical, comparative, logical-normative, and logical-semantic were used during the research. Results. In the course of the research, it is stated that resocialization of convicted persons is a continuous process aimed at the conscious restoration of the convict in the social status of a full member of society, which is hindered by socio-psychological deviations of legal awareness of the convict and society, the immediate environment of the person serving sentences. Resocialization of convicted persons should take place based on the respect for human rights and freedoms, in accordance with the principles of human dignity, as well as domestic and international normative and legal acts. Scientific novelty. In the course of the research, it is established that a full-fledged, effective process of resocialization should be aimed at correcting the distorted legal consciousness, lawful social and normative formation of a person in society, as well as preventing the negative consequences of forced isolation from society. Practical significance. The results of the study can be used in law-making to improve the current legislation and bring it closer to European standards in order to enrich the universal values that constitute the content of the requirements of natural law, as well as to increase the effectiveness of legal regulation of public relations through the enshrinement of guarantees for the implementation, provision and protection of human rights and freedoms in the current legislation.
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Orieshkova, Alina. "Regulatory guarantees of the internally displaced person’s rights and freedom." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 71–76. http://dx.doi.org/10.31733/2078-3566-2020-2-71-76.
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The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.
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Putri, Septavela Gusti, Echwan Irianto, and Dodik Prihatin AN. "Law Enforcement of Criminal Defamation Through Electronic Media." Lentera Hukum 6, no. 2 (July 29, 2019): 263. http://dx.doi.org/10.19184/ejlh.v6i2.8033.
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Defamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail the elements of "insulting content and/or defamation;” therefore, the understanding of this term is subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law (ITE Law - Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation of these elements. The results found in this study are an objective criteria to assess whether electronic information or electronic documents which can be qualified as defaming. This study argues that defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or legal person (d) the content and context of each case, and (e) the allegations. In addition, a person is said to have the right to commit criminal defamation if carried out in the public interest and by being forced to defend himself.
Keywords: Criminal Defamation, Electronic Media, Indonesia
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Kondrat'ev, V. A. "Consumerism Qualification: Doctrine and Case Law." Rossijskoe pravosudie 5 (May 25, 2021): 22–28. http://dx.doi.org/10.37399/issn2072-909x.2021.5.22-28.
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А number of factors influence the qualification of relations as consumer relations, however, neither a scientific literature nor law enforcement practice has formed a common list of signs defining the relationship to the subject of regulation of consumer protection legislation. The main purpose of the article is to identify signs that qualify the relationship as consumer. Achieving the goal of the article is carried out by solving the following tasks: determining the influence of the subject composition of relations, the nature of their activities, as well as other signs on the qualification of relations in order to apply legislation on consumer protection. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). The author comes to the conclusion that for the proper qualification of public relations in order to apply legislation on the protection of consumer rights, it is necessary to take into account both the subject composition and the purpose of purchasing goods. The formal affiliation of a person to a particular category of entities cannot definitely indicate the goals of a person entering into a relationship. In particular, an individual entrepreneur has a dual status, being, on the one hand, a citizen, and on the other, a subject of entrepreneurial activity. The article also concluded that when determining the purpose of acquiring a product (work, service), it is necessary to take into account both direct signs expressed in the nature of the person's activity and indirect ones determined by the quantity of the purchased goods and its technical and functional characteristics. To assess indirect features, the author suggests referring to the category of «average person» formed in the general theory of law.
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Ryzhkova, Svitlana. "Improvement of legal support of training of members of civil formations by National Police bodies." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 105–9. http://dx.doi.org/10.31733/2078-3566-2020-2-105-109.
Full textAbstract:
The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.
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Zholdibay, Uspanov, and Tyrarbayeva Dana. "DOMESTIC LEGISLATIVE IMPROVEMENT ASSOCIATED TO THE SUBJECTS OF OPERATIONAL-SEARCH ACTIVITY ON A NON-PUBLIC PRINCIPLES." International Journal of Research -GRANTHAALAYAH 7, no. 1 (January 31, 2019): 197–204. http://dx.doi.org/10.29121/granthaalayah.v7.i1.2019.1049.
Full textAbstract:
In the article prepared by the Vice-Rector for Science and International Relations, Candidate of Juridical Science, Professor Uspanovov Zh. discovers the issues of legal support on assistance of citizens to the bodies carrying out operational search activities. In its current definition and regulation of operational search legislation has a mixed legal nature; it cannot be considered as an employment contract, such relations are not civil law relations, they are of administrative and managerial nature. Considering that an important component of legal support, in addition to defining the mutual rights and obligations of the parties, is that its presence enables the person assisting law enforcement agencies to openly protect, including in court, their social, labor and other rights, legal support must be attributed to the contract for the provision of paid information services.
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Kokhan, N. V. "Content Of The Concept Of Enforcement." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 145–58. http://dx.doi.org/10.15330/apiclu.50.145-158.
Full textAbstract:
That is, we can say that the implementation of legal norms is the embodiment of legal norms in the actual activity of enterprises, institutions, organizations, public authorities, officials and citizens.
Classifying the concept of «implementation of the rules of law» by the method of implementation of legal orders, distinguish such forms of their implementation as the use, implementation, observance of direct (ordinary, ordinary) forms of law, ie, those that, first, pass any the process of implementation of the rules of law, and, secondly, that do not require outside intervention, is carried out solely through the own behavior of persons to whom the relevant legal prescriptions are addressed.
The application of law has social and legal functions. Social, economic, political, socio-cultural, cultural and educational functions should be attributed to social functions. Legal and regulatory functions should be attributed to legal. Yes, the legal functions of the application of law take a specific form and are law securing or perform the function of individual legal regulation because they stem from the very nature of the application of law.
Enforcement as a special form of management consists of a set of legal requirements, permits, enforcement acts that are aimed at exercising management through individual decisions, registration of decisions and the organization of implementation of relevant decisions. Thus, the regularization of legal relations is achieved not only through the automatic effect of legal rules, but also through the adoption of acts of enforcement.
Summarizing all of the above, it should be noted that enforcement activities can take place both at the public-governmental level and at the private-legal level. That is, the subjects of the state-level government are: competent state bodies, their officials, as well as authorized by law local self-government bodies, public associations and their officials. The activities of such entities are aimed at establishing mechanisms, rights of guarantees and obligations by which citizens can exercise their rights provided by the Constitution of Ukraine.
In terms of the private-law level of enforcement, it is derived from the previous one. The subject of this level is the employer or its authorized body or person empowered to issue ordinance, local level and employee.
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Dyzenhaus, David. "Rand’s Legal Republicanism." McGill Law Journal 55, no. 3 (February 10, 2011): 491–510. http://dx.doi.org/10.7202/1000621ar.
Full textAbstract:
Justice Rand’s judgment in Roncarelli v. Duplessis is best understood in light of recent political and legal theory that argues for the importance of the republican ideal of non-domination for in it he sets out an account of the rule of law that gives clear expression to that ideal, one founded in a more basic ideal of respect for persons. As Rand understood things, Roncarelli was a member of a disliked minority, who was singled out for persecution when he had done nothing more than exercise his rights as a free and equal subject of the law. Those who singled him out for persecution sought to achieve their ends through law. The author argues that since government under law is valuable because it helps to secure non-domination (the rule of law rather than the arbitrary rule of men), to use law to single out an individual for domination is, as Duplessis discovered, rather a complex business. No matter one’s grip on power, one might find that one’s ends simply do not count as public ends within a system of public law because such a system is predicated on respect for the persons who are subject to its authority.
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Berestova, Iryna E., Olha V. Verenkiotova, Natalii Serbina, and Svitlana V. Seminoh. "Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach." International Journal of Criminology and Sociology 10 (December 31, 2020): 430–39. http://dx.doi.org/10.6000/1929-4409.2021.10.51.
Full textAbstract:
The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.
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Civici, Andi, and Klodjan Skenderaj. "Criminal Prosecution (Punishment), a Cause for Terminating Employment Relationships in the Civil Service, under Albanian Legislation." Academic Journal of Interdisciplinary Studies 8, no. 2 (July 1, 2019): 267–71. http://dx.doi.org/10.2478/ajis-2019-0038.
Full textAbstract:
Abstract The regulation of legal relations in the civil service has undergone a radical reform in recent years. Legislative acts regulating the working relationships of civil servants and strict rules regarding the purity and integrity of the civil servant figure have been adopted, the lack of which results in the interruption of relations in the civil service. In 2015, the law on the integrity of persons elected, appointed or exercising public functions entered into force, the purpose of which is to guarantee public confidence in the functioning of the institutions, by preventing the election or appointment, or leaving the public function of such persons who have been convicted or to whom security measures have been taken or have been convicted by a non-final decision for committing crimes under this law. Based on the provisions of this law and the provisions of the law on the status of a civil servant, when public institutions find that a person is convicted, or to whom a security measure is taken, decides to terminate relations in the civil service. This paper will analyze the cases of termination of employment relations in the civil service due to criminal punishment, the types of criminal punishment which constitute a cause for dismissal, the application of conditions and criteria and the way public institutions interpret the legal acts in force, with the aim of addressing the problems of law enforcement in practice and giving concrete recommendations on issues to be ascertained.