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1
Thorner, Thomas, and Neil B. Watson. "Keeper of the King's Peace: Colonel G.E. Sanders and the Calgary Police Magistrate's Court, 1911-1932." Articles 12, no. 3 (October 21, 2013): 45–55. http://dx.doi.org/10.7202/1018941ar.
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Canadian historians have shown limited interest in the legal development of the lower courts. The history of Calgary's police court and in particular, the administration of G.E. Sanders reveals much about the development of the office and urban society since many issues of popular concern came into focus through legal action. As fear about crime and even anarchy grew with the steady influx of immigrants, the police court assumed a special significance. Gradually at first and then with rapid strides it emerged as a powerful bulwark of conservative defence.
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Kozicka, Beata, and Ewa Pierzchała. "Zasada praworządności wyznacznikiem kontroli działań administracji publicznej realizowanej przez prokuratora w ramach postępowania administracyjnego." Opolskie Studia Administracyjno-Prawne 16, no. 1 (3) (September 13, 2019): 19–36. http://dx.doi.org/10.25167/osap.1141.
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Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us for centuries. Administrative courts uphold the principle of equality before the law, which is regulated by Art. 21, par. 1 of the Constitution of the Republic of Poland. Since it is administrative courts which – by performing tasks of control over the activity of public administration – become the guarantee of realization of the above-mentioned principle, their position and range of cognition in the situation of launching administrative-court proceedings by the Prosecutor were presented in the work.
3
Drahos, Peter. "“Trust Me”: Patent Offices in Developing Countries." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 151–74. http://dx.doi.org/10.1177/009885880803400205.
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Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.
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KEITH, KENNETH. "Thomas Buergenthal: Judge of the International Court of Justice (2000–10)." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 163–71. http://dx.doi.org/10.1017/s0922156510000671.
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AbstractThomas Buergenthal retired as a judge of the International Court of Justice in September 2010 after ten years of service and participating in 38 substantive decisions. This tribute to a member of the Court who arrived with outstanding and formidable scholarly qualifications, especially but not only in the field of international human rights, also draws on his earlier tragic, harrowing, and ‘lucky’ years. On the basis of the public record, for much of the work of the Judges as members of a collegial body is not public, the article emphasizes Thomas Buergenthal's commitment to the independence of judicial office, as demonstrated particularly in cases brought against his own country; to the sound administration of justice; to the indispensability of courts in any system of ordered government, national or international; and more generally to principle.
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Bratchel, M. E. "CITY NOTARIES AND THE ADMINISTRATION OF A TERRITORY: LUCCA, 1430–1501." Papers of the British School at Rome 86 (October 30, 2017): 183–205. http://dx.doi.org/10.1017/s0068246217000393.
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In Lucca in 1430 the republic was restored after 30 years of princely rule. The restored republic ruled over a territory that included much of the Versilia and parts of the Garfagnana. The important role played by notaries in the administration of the territories of both cities and princes has long been recognized. Moving rapidly from office to office, notaries were key figures in the courts, as administrators, and for the fisc. The present article examines the functions, personnel, reputation and effectiveness of notaries in the service of fifteenth-century Lucca following the restoration of liberty. Much attention has been paid to state-formation and territorial administration in the recent literature; relatively little to the precise role played by notaries. This article aims to provide a case study against which experiences elsewhere can be measured. Lucca was distinctive in the fifteenth-century context by virtue of its continued independence as a traditional city-state. Comparisons have been drawn between Lucca and its neighbouring states, but with due recognition of the obvious differences that divide Lucca both from the newer territorial conglomerations and from subjected cities that continued to enjoy extensive, supervised rights over their local administration.
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Kisby, Fiona. "Officers and Office-Holding at the English Court: A Study of the Chapel Royal, 1485–1547." Royal Musical Association Research Chronicle 32 (1999): 1–61. http://dx.doi.org/10.1080/14723808.1999.10540983.
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There is an established literature on office-holding in the English royal household, which has focused on those members of the court involved in the royal body service and ceremonial; those associated with the domestic needs of the monarch, the royal family and wider domus and those involved in its administration. Yet this mainly deals with the late seventeenth century and beyond; comparable detailed and comprehensive information on this particular aspect of court history for earlier periods has yet to appear in print. The courts of the Tudors have, for example, suffered in this respect. This is surprising, for recent historical scholarship has shown that far from ossifying into a purely domestic establishment as an older generation of scholars thought, the Tudor Court was rather of central importance in the political, administrative, religious and cultural history of sixteenth-century England. By that time the royal domus was the centre of politics, patronage and power and access to the sovereign—the sole font of that power—and the ability to catch ‘either… [his/her] ear or… eye’ headed, to a large extent, the agenda of any ambitious courtier. A published investigation of the patterns and procedures of office-holding within this important institution is, therefore, long overdue.
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Allam, Schafik. "Regarding the Eisagogeus (εισαγωευς) At Ptolemaic Law Courts." Journal of Egyptian History 1, no. 1 (2008): 3–19. http://dx.doi.org/10.1163/187416608784118802.
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AbstractIn viewing the documents relative to the Ptolemaic jurisdiction we come across an official with a title transcribed into Demotic, but which apparently corresponds to the Greek designation εισαγωευς. This official is mentioned in conjunction with judicial proceedings. His functions were to introduce cases before the judges and to take actions in concert with them; and his bailiff was empowered to enforce judicial decisions. Since the eisagogeus represented the central administration, we may postulate that he was regarded as a royal functionary acting as a liaison man with the law courts. My concern is to point out an official in the pre-Ptolemaic administration who had to play the same role. In the judicial machine of Pharaonic times many a scribe played an active part, not only in writing down the records. In reality he used to act in legal proceedings from start to finish. In grave situations he had to communicate directly with the highest office in the State (that of the vizier); and even at the great council (qnbt) held by the vizier, the scribe officiated sometimes as prosecutor. We come to the conclusion that it is likely that the position of the Hellenistic eisagogeus was no more than the continuation of a much older Pharaonic institution.
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Bouchard, Serge, Marie-Michèle Lavigne, and Pascal Renauld. "L'inconstitutionnalité des pouvoirs du protonotaire spécial." Articles 22, no. 2 (April 12, 2005): 429–54. http://dx.doi.org/10.7202/042443ar.
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The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional
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Haskett, Timothy S. "The Medieval English Court of Chancery." Law and History Review 14, no. 2 (1996): 245–313. http://dx.doi.org/10.2307/743785.
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The medieval English Court of Chancery is not a well-known institution. Its Victorian great-granddaughter—if to posit such a relationship does the antecedent justice—has a far broader public for its much darker persona, thanks to Jarndyce and Jarndyce. Even Chancery's Jacobean descendant looms larger in the historical memory than does its medieval forebear, if only for the celebrated battle between Chancellor Ellesmere and Coke, CJ. Perhaps with the brief tenure of St. Thomas More, brought into our own popular culture by playwright Robert Bolt and actor Paul Scofield, the early Chancery emerges for a moment, although the court under More was overshadowed by that chancellor's more difficult trials. In fact, the Chancery as a court has been subsumed in a multitude of studies on the Chancery as an administrative office. It appears in essays on government, councils and parliaments, writing offices and administrative centers. Yet the court that grew around the chancellor was not the sum, or even just a part, of his activity as the leading administrator of the realm. Still, with a few exceptions, the medieval Court of Chancery has never been afforded the same careful and discrete treatment its Elizabethan successor has received. The older court remains a footnote to administrative history, something just on the far side of the light cast by St German and Tudor records.
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Rammeloo, Stephan. "The Long and Winding Road towards Freedom of Establishment for Legal Persons in Europe." Maastricht Journal of European and Comparative Law 10, no. 2 (June 2003): 169–97. http://dx.doi.org/10.1177/1023263x0301000204.
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Cross-border company migration in Europe. Where a company formed in accordance with the law of a Member State (‘A’) in which it has its registered office is deemed, under the law of another Member State (‘B’), to have moved its actual centre of administration to Member State B, Articles 43 and 48 EC preclude Member State B from denying the company legal capacity and, consequently, the capacity to bring proceedings before its national courts for the purpose of enforcing rights under a contract with a company established in Member State B.
11
Borecki, Paweł. "Obsada godności Muftiego Muzułmańskiego Związku Religijnego a zasady Konstytucji RP." Studia Iuridica 78 (May 29, 2019): 61–78. http://dx.doi.org/10.5604/01.3001.0013.2138.
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In the Muslim Religious Union there is a dispute over the establishment of the Mufti office. From 2016, a schism has arisen in this religious community. This situation is a source of challenges for the authorities of the state administration and the courts in the application of a number of principles of the 1997 Constitution of the Republic of Poland. There are principles: autonomy and independence of religious associations in their scope, legalism, legal certainty or confidence of citizens in the state and their rights. The legal status of the Union is based on anachronistic legislation: the Act of April 21, 1936, on the relationship of the State to the Muslim Religious Union in the Republic of Poland and the statute approved by the Council of Ministers by way of an ordinance of August 26, 1936. In practice, the Muslim Religious Association applies the 2009 internal statute. Religious authorities and courts try to remain neutral and not interfere in the internal dispute in the Muslim Religious Union. This is in line with the standards stemming from the judgments of the European Court of Human Rights and the constitutional principle of autonomy and independence of religious associations in their own rig However, there is a state of legal uncertainty. It is urgent to repeal the Act and the Statute of 1936. This can be done either by a Constitutional Court decision or by passing a new law on the basis of the Muslim Religious Union Agreement with the Council of Ministers.
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Ibraimi, Xhemazie. "An institutional approach to governance and corruption in Kosovo." Journal of Governance and Regulation 10, no. 2, special issue (2021): 238–48. http://dx.doi.org/10.22495/jgrv10i2siart5.
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The main purpose of this paper is to analyze the activity of various state bodies which by implementing the law and bylaws protect the rule of law, democracy and human rights, honesty and social justice, and how these bodies are influenced by factors of various aspects of corruption, such as incompatibility between holding public office and carrying out profitable activities for officials, restrictions on the acceptance of gifts related to the performance of official duties, supervision of their assets and persons in close contact with them. Although corruption is widely and publicly discussed, the clearest definition is that corruption constitutes an abuse of office for private gain (The World Bank Group, 1997). To analyze this phenomenon, we will analyze the data published by the Anti-Corruption Agency (ACA), the data published by the Kosovo Special Prosecution Office, the data published by the EU progress report on Kosovo, as well as the published data by the Courts. Data analysis concludes on descriptive statistics, tables, and graphs of criminal reports, processed cases, and court decisions. Given that, corruption is severely damaging the country, we believe that corruption is the main obstacle for Kosovo to move forward in the dialogue on visa liberalization and get a positive response regarding the Stabilization and Association Agreement (SAA) (Transparency International, n.d.). The study concludes that corruption is widespread in the main institutions of the country and its high presence in the judiciary is a very worrying issue. This paper is of great importance for policymakers, officials, scholars as to the processing, publication, and sanctioning will enable this phenomenon that has become a new way of governing to be stopped and the state to be built for society and to belong to society (Bekim, 2017).
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Romanenko, Yevhen Оleksandrovych. "SECOND STAGE OF JUDICIARY REFORM IN UKRAINE." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 13 (August 27, 2018): 183–93. http://dx.doi.org/10.31618/vadnd.v1i13.145.
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The paper shows changes in the judiciary, in connection with the liquidation and creation of local courts in Ukraine. The necessity of creating more convenient access to the cases through the Internet is described, so that they will be solved more quickly, and the burden on the court specialists will be reduced. The positive changes and changes were analyzed, with the beginning of the second stage of judicial reform in 2018. The urgency of creating a separate electronic cabinet, for each case, where the court and participants in the trial process will be able to review all documents at any time, is substantiated. This minimizes the probability of delaying the cases when the parties challenge all decisions of the courts without exception.It has been determined that judicial reform involves the need for access to cases through the Internet. In the same way, different documents must be translated to higher authorities. Due to electronic circulation, they will be solved more quickly, the burden on the court experts will be reduced, and public money will be saved. In order for this innovation to work in full, amendments will be made to the legislation. It is noted that an important step forward: a court session can be held in a video conference. For example, the lawyer, from his e-office, can represent the interests of the company: send documents, get video communications during meetings. It is substantiated that a separate electronic cabinet should be created for each case, where the court and trial participants will be able to review all documents at any time. Of course, to use this technology, you need to register in the system email and digital signature. This minimizes the probability of delaying cases when the parties challenge all, without exception, court decisions. Now the electronic review will be not only possible, but also mandatory. If, within five days, the court will not be able to provide electronic proceedings, documents will be translated into paper form. In order for these provisions to work, the State Judicial Administration should publish an instruction on the website of the Verkhovna Rada, solve the issue of setting up electronic cabinets, registering electronic addresses and video fixing.
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Okunola, Rashidi Akanji, and Matthias Olufemi Dada Ojo. "Re-Assessing the Relevance and Efficacy of Yoruba Gods as Agents of Punishment: A Study of Sango and Ogun." Issues in Ethnology and Anthropology 7, no. 4 (March 4, 2016): 1057–76. http://dx.doi.org/10.21301/eap.v7i4.9.
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The general objective of this paper was to investigate the relevance and efficiency of Yoruba gods in the administration of punishment and justices on crime commitment. Two Yoruba gods (Sango and Ogun) were principally chosen. Six hundred (600) participants were conveniently sampled from three localities from three geo-political states in the western part of Nigeria. Univariate and bivariate analyses were used in the description of the samples and frequency distribution tables were employed in the presentation of the data. The results show that Yoruba natives still fear and respect these gods. The gods are still relevant and efficient in the administration of punishment on crime commission. The Yoruba natives show preference for the non-conventional punishments of these gods to modern criminal justice systems. Finally, the paper recommends the opinion survey polls on the inclusion of the invocations of these gods in the criminal justice systems of Nigeria and the likely implementations of the invocations in official swearing in ceremony for political and public office holders and the administration of the invocations in Nigerian courts of law.
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Klepitskiy, I. A. "Binding Nature of the Supreme Court of the Russian Federation Explanations in Criminal Law." Lex Russica, no. 6 (July 5, 2021): 95–107. http://dx.doi.org/10.17803/1729-5920.2021.175.6.095-107.
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The question of the legal nature and the binding nature of explanations of the Supreme Court of the Russian Federation remains debatable in the literature. When considering criminal cases, the courts do not always follow the decisions of the Plenum of the Supreme Court. It seems that the explanations of the Supreme Court, while not being a source of criminal law, are nevertheless binding on courts and officials applying the norms of criminal law. This is a general rule, to which there are exceptions. First, there are erroneous explanations of the Supreme Court, which are not based on the established judicial practice and are not supported by it. Second, there are outdated explanations of the Supreme Court that do not meet modern legal realities. Third, there are explanations of the Supreme Court, which, in relation to a particular situation, require an expansive or restrictive interpretation. In these three situations, the Supreme Court’s explanations do not bind the law enforcement officer. The binding nature of the Supreme Court’s explanations is determined by the value of the law as such. Questions of law require a uniform resolution. An alternative to a uniform interpretation of the law is arbitrary administration. Arbitrary administration is not within the competence of the judge. There is no case law in Russia. The works of legal scholars in modern Russia also cannot satisfy the need for a uniform interpretation of the law. The significance of the explanations of the Supreme Court determines the high requirements for their quality. The Supreme Court’s explanations should not directly contradict the law. The Supreme Court’s explanations should not change unless there is an urgent need to do so. The rule nullum crimen, nulla poena sine lege, being an achievement of legal culture, binds the Supreme Court. By clarifying the practice of applying the law, the Supreme Court forms and preserves judicial doctrine, thereby providing legal certainty.
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Chen, Mai. "New Zealand's Ombudsmen Legislation: The Need for Amendments After Almost 50 Years." Victoria University of Wellington Law Review 41, no. 4 (December 6, 2010): 723. http://dx.doi.org/10.26686/vuwlr.v41i4.5210.
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It has been almost fifty years since the original Parliamentary Commissioner (Ombudsman) Act was passed in 1962, the precursor to the current Ombudsmen Act 1975. Since that time, the role has expanded significantly and the constitutional framework in which the Ombudsman operates has also changed significantly, yet the legislation has never undergone a thorough review. In this article, Mai Chen examines how Ombudsmen are a key tool in the Public Law Toolbox. She reviews the functions of the Office, showing that it can be more effective than courts in addressing issues of public administration in some circumstances, due to its accessibility, low cost to the complainant, and range of remedies available. The article concludes that as so much of the Ombudsmen's work is in private, the lack of formal use of statutory powers to compel or to make formal recommendations may actually evidence their effectiveness in using persuasion to get those complained about to redress the problem. Ms Chen makes a number of reform proposals to reflect recent developments, and to allow the Office to fulfil its constitutional role including a specific public education function, a 20 working day deadline on providing the Ombudsmen with any information requested, a presumption of jurisdiction for bodies exercising public powers affecting the public and which are publicly funded, an express power to comment on law-making with implications for the Ombudsmen and Official Information Acts, extending jurisdiction to "committees of the whole" in Local Government, and a single fixed term to protect Ombudsmen independence in office. The article also considers whether wide use of the name Ombudsmen should be allowed for private sector investigative and complaints bodies.
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Korabelnikov, Daniil. "F. Haass: doctor, scientist, public health administrator, humanist, incorrigible philanthropist and Moscow Holy doctor." Russian Medical and Social Journal 1, no. 1 (July 1, 2019): 8–21. http://dx.doi.org/10.35571/rmsj.2019.1.001.
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The biography of Fyodor Petrovich (Ivanovich) Haaz (Friedrich Joseph Laurentius Haass) (1780 - 1853) - Moscow doctor (1806 - 1853), a German origin, scientist, public health administrator, an outstanding humanist doctor of the first half of the 19th century, a philanthropist, known as the "Holy doctor", is showed in the article.
Court Advisor (1811), College Counselor (1826), Knight of the Order of St. Vladimir of the fourth degree (1811), Order of St. Anna of the 2nd degree (181?) of The Russian Impire. A doctor in the army during the Patriotic War of 1812 (from January 1814), head physician of the Moscow Pavlovsk Hospital (1807-1812, 1814-1825), Head of the Moscow Medical Office (1825-1826), one of the founders of the Moscow Eye Hospital (1826), a member of the Moscow Prison Committee and the head doctor of Moscow prisons (1826-1853), the head doctor of the Moscow Catherine Hospital (1840-1844), the founder and head doctor of the Moscow Police (later - Alexander) hospital, popularly called the "Haaz" (1844- 1853).
One of the founders of Russian balneology and balneology, who made a great contribution to the development of climatology and meteorology, pioneer in the resorts in the North Caucasus (1809-1810).
The creator of lightweight individual shackles, he achieved their introduction at the exile stages to replace the riveting to a common rod for 6-12 convicted.
The development of deontology in the 19th century, a science that studies the ethical standards and principles of a doctor’s behavior, as well as certain responsibilities towards the patient, is inextricably linked to the name of Dr. F.P. Haaz [F. Haass]. The life and work of this outstanding humanist physician is a wonderful example of high morality in the fulfillment of his professional duties and genuine nobility in serving the sick and suffering people.
The motto of Dr. Haass’ life and professional work was borrowed from the Apostle Paul: “Hurry to do good” (in Galatians (6: 9-10) and in the second letter to The Thessalonians (3:13)).
At present, the process of beatification has begun - the canonical process of classifying F. Haass as a blessed Catholic church.
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Haglund, LaDawn. "Water governance and social justice in São Paulo, Brazil." Water Policy 16, S2 (November 1, 2014): 78–96. http://dx.doi.org/10.2166/wp.2014.208.
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In the greater metropolitan region of São Paulo, Brazil, close to 20 million people share water resources across multiple uses, from industry to recreation to basic household use. These resources have come under increasing strain due to urban expansion, poor planning, and, more recently, climate change. Conflicts among uses and their underlying principles are increasingly adjudicated in courts, with the Ministério Público (Public Prosecutor's Office) acting as a key advocate for both human rights and environmental protection. As legal interventions become more common in policy questions, how are justice principles shaping emerging approaches to water governance? And how are these types of cases provoking a reconsideration of the role of law in public administration? This paper analyzes the justice ramifications of an increasing use of legal discourses and practices to adjudicate water-related conflicts in São Paulo. It also, and conversely, shows how legal battles over water and sanitation force a shift in the behavior and perspectives of legal actors, and subsequently broaden the meaning of ‘justice.’
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Gongalo, Boris, Lubov Gudovicheva, Anna Gubareva, and Larisa Dobrynina. "High-Rise Construction in Densely Dwelled Cities: Requirements for Premises Insolation and Consequences of their Violation in Russian Law and Jurisprudence." E3S Web of Conferences 33 (2018): 03069. http://dx.doi.org/10.1051/e3sconf/20183303069.
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The issues of constructing high-rise, primarily residential, buildings have a great social significance. Not every plot of land, acquired in the Russian Federation is suitable for high-rise construction. Therefore, every construction company that plans to erect a multi-apartment building, a high-rise office building, or a skyscraper must take into account not only technical norms but as well sanitary legislation regulations that set obligatory requirements about insolation of apartments. The article includes a short study of several norms in the Russian legislation regarding insolation of dwellings; analises the problems of judicial interpretation of the statutory limitations. In this aspect it researches the debatable questions arising in practice of state arbitration courts dealing with the lawsuits on allocation of land-plots by the local administration. The analysis of the judicial practice is followed by description of the difficulties facing the developers of land-plots, concerning the project and territorial planning documentation.
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Vinti, Clive. "A SPRING WITHOUT WATER: THE CONUNDRUM OF ANTI-DUMPING DUTIES IN SOUTH AFRICAN LAW." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 22, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a723.
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The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), permits the imposition of anti-dumping duties for as long and to the extent necessary to counteract dumping which is causing injury subject to the proviso that they must be terminated after five years unless a sunset review has been initiated. Sunset review has the purpose of either permitting or terminating the continuation of an anti-dumping duty. This is significant because if the sunset review is not initiated prior to the expiry of the five year period, the anti-dumping duties will be terminated.Therefore, this places a greater emphasis on the determination of the precise date of commencement of the anti-dumping duties. This is because an incorrect determination of the date of imposition of the anti-dumping duty has obvious financial implications for the interested parties. To this end, the Supreme Court of Appeal in South Africa has delivered two salient judgments in this regard: firstly, in Progress Office Machines CC v SARS, and then more recently, in Association of Meat Importers v ITAC. These two cases hinge on the interpretation of the date of 'imposition' of definitive anti-dumping duties particularly where provisional measures are involved, which invariably determines the date of expiry of the duties as espoused by Regulations 38 and 53 of the International Trade Administration Commission Anti-Dumping Regulations.This paper contends that these two judgments are conflicting and riddled with inconsistencies. Secondly, the paper contends that the SCA has in the recent AMIE case, virtually rewritten its earlier judgment of Progress Office Machines. Lastly, the paper shows that the approach of South African courts on whether the Anti-Dumping Agreement is binding on South African law, is fraught with uncertainty and an ambivalence .The case analysis also reflects on the impact of the newly minted but yet to be implemented, Customs Duty Act, with a view to assess the impact of the new legislation on the issues currently plaguing the anti-dumping regime of South Africa.
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Kolos, B., and N. Lobaz. "What should be the judicial system of Ukraine?" Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 20, no. 86 (March 1, 2018): 121–24. http://dx.doi.org/10.15421/nvlvet8623.
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The article outlines the proposed model for Ukraine of a new highly effective judicial system in which corruption and bribery will be impossible. It will be transparent, understandable, fair, transparent and accountable to Ukrainian citizens. After all, Ukraine has been shocking for the third decade by a mess in the state-government system. These are chaotic actions by government officials, the police, the SBU, the prosecutor's office and the courts. Therefore, this problem is complex. Because the occurrence of a problem in any process means that managing it is wrong. That is why Ukraine needs such a system of state governance based on the foundations of fundamental social sciences. Among the processes of public administration is a special place in the judicial system, designed to maintain justice in society. The system of democracy means that there should not be any official, enterprise or organization, uncontrolled and non-accountable community on the territory of the settlement! That is, the entire community, as the supreme authority in its territory, should be appointed, controlled, dismissed and punished for the offense by all the government positions, including the police, the prosecutor's office, the SBU, the courts. In this situation, double-no subordination must act. For example, a policeman should be administratively subordinated to the community, and methodically – the Ministry of Internal Affairs of Ukraine. After all, without exception, the governing bodies are obliged to ensure the freedom, rights, security and supreme power of the members of the community and the implementation of the National Idea. Therefore, the communities of the settlement are not in the right to impose any rulers from the outside. Because this is a dictatorship, not democracy. Therefore, the hierarchy of the judicial system in Ukraine should be built from below to the top. That is, from communities of settlements. For judges at these levels, they must vote in person. In the settlements, the entire community should be elected by the World Judges who are required to resolve the conflicts at the inception stage on the initiative of one, all conflating parties or third parties whose rights have been violated. The next instance should be the Local Court of the settlement, elected by the community. He should consider cases that were not resolved by the World judges, with their compulsory written conclusions. In the case of a judge of the Local Court, an Appellate Commission of the community of the village, in compliance with the freedoms, rights, security and supreme power of the person and the current legislation, shall consider the case of an unlawful decision. For making an illegal decision, the Commission has the right to impose on a judge and at the same time on the head of the court: a disciplinary sanction; dismiss from positions, deprive of all statuses and privileges; to prosecute them without the right to occupy any position related to legal activity for life. The highest judicial body should be the relevant Chamber of the Supreme Court of Ukraine. Judges of all levels must be selected on a competitive basis on the level of morality, on-national patriotic level, legal education and practical experience in legal work. The rest of the autonomous judicial structures must be eliminated as such, which rests on the body of the working people. Indeed, each judicial authority can, without any obstacles, have in its subordination the necessary sectoral Chambers.
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Barhamudin, Barhamudin. "Penyalahgunaan Kewenangan Pejabat Pemerintahan Dan Ruang Lingkupnya Menurut Undang-Undang Administrasi Pemerintahan." Solusi 17, no. 2 (May 1, 2019): 175–92. http://dx.doi.org/10.36546/solusi.v17i2.171.
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The purpose of this research is to find out, study and analyze in determining the element of abusing authority in government administrative laws. In this study using normative research with a statutory approach and a conceptual approach. Legal materials consisting of Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The results obtained are benchmarks to determine the existence of abuse of authority according to administrative law, in this case UUAP occurs if government officials or officials conduct discretion without going through procedures and the purpose is not carried out within the scope of what has been determined by Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration in article 17 and article 18 includes: a. The statute goes beyond the authority; b. prohibition of confusing authority; c. prohibition of arbitrary actions. d. beyond the term of office or the validity period of the Authority; e. beyond the territorial validity of the Authority; and / or f. contrary to statutory provisions. g is outside the scope of the field or material given Authority; and / or h. contrary to the stated purpose of the Authority. Abuse of authority either according to administrative law or criminal law has the respective legal domain. Decisions and / or Actions that are determined and / or carried out by exceeding illegitimate Authority if it has been tested and there is a Court Decision that has permanent legal force and Courts that have permanent legal force.
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O’Brien, Gerard. "The missing personnel records of the R.I.C." Irish Historical Studies 31, no. 124 (November 1999): 505–12. http://dx.doi.org/10.1017/s0021121400014383.
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Few commentators would dispute that, as regards historical records, 1922 was a year of destruction and displacement. Months before the conflagration in the Four Courts annihilated a broad cross-section of official records the departing representatives of the crown régime had turned their attention to those most recently in use. Nobody really knows how much of this material was deliberately burnt in Dublin Castle in the days preceding the takeover by Free State troops on 16 January 1922. It is all but certain that at least some intelligence files were destroyed: these would no doubt have identified informants, double agents, serving intelligence officers (whether English or Irish), and the more discreet crown servants. Certainly the new custodians were greeted by empty cupboards and bare shelves. Legends, which may or may not have been founded in reality, grew of the extent of the destruction and, by implication, of the scale of the guilty secrets thus concealed forever.But the incoming officials were in no doubt, either, that much had been simply removed, whether to the Irish Office in London or to some other safe place. Assurances were offered to the Free State government by the departing Castle official A. W. Cope ‘that the only papers we are removing from the Castle to London are confidential papers relating to the political movement in this country. The removal of the papers will not hamper the future administration.’ Should any person apply for the return of papers seized in police raids during the conflict, their requests would be considered. Cope was being less than candid. During March an Irish Office official noted in an unmistakably complaining tone that the office was having to accommodate ‘a number of files belonging to the Crimes Special Department of the R.I.C. and an Irish Secret Service organisation. Some of the matter in these files is highly secret.’ The material occupied one hundred deed-boxes, half-a-dozen large packing cases, a couple of six-foot-high cupboards, along with thirty-eight card-index trays (‘twelve of them in cabinets’).
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Djordjevic, Bojan. "Dubrovnik archive in the Kingdom of Yugoslavia." Prilozi za knjizevnost, jezik, istoriju i folklor, no. 81 (2015): 49–64. http://dx.doi.org/10.2298/pkjif1581049d.
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The fundamental issue in the first years after the formation of the Kingdom of Serbs, Croats, and Slovenes was related to the future organization of Dubrovnik Archive, considering that the invaluable materials still lay in the Rector?s Palace, which assumed a completely new role and a special place in the newly formed Kingdom. Namely, following the end of World War I and the foundation of the new state, the Rector?s Palace in Dubrovnik, as a cultural property of national significance, was proclaimed a cultural-historical monument, on the one hand, and also a residence of the king, on the other. Therefore, it came under the jurisdiction of the Court of the Kingdom of Serbs, Croats, and Slovenes (later the Court of the Kingdom of Yugoslavia), i.e. of the Royal Office. The jurisdiction over the Archive itself, specifically over the materials kept in it, was in the hands of the Ministry of Education. In 1921, Antonije Vucetic was named the first administrator of Dubrovnik Archive. Vucetic immediately and unequivocally advanced the thesis that Dubrovnik Archive, despite not being of the rank of the Archives in Zagreb and Belgrade, still is ?the most celebrated in the Kingdom of Serbs, Croats, and Slovenes?. Above all else, he emphasized the historical significance of this Archive, containing materials important for the history of the Republic of Dubrovnik, but also for the Serbian and Croatian histories from the 11th to the 19th centuries. In the year 1930, a new administrator was appointed to Dubrovnik Archive. It was Branimir Truhelka. He realized that in the case of the most important matters related to the Archive, in the case of all the Archive?s needs, they should turn, if possible, directly to the Court of the Kingdom of Yugoslavia, i.e. to the Minister of the Court. The year 1931 marks the beginning of Truhelka?s systematic efforts to obtain the most that could be obtained for Dubrovnik Archive, to explain its significance to the authorities on the Court, and - without insisting on moving the Archive from the Rector?s Palace, being aware of the lack of support for this - to do everything to provide the safe keeping of valuable materials and to secure research in the Archive. Until the beginning of World War II and the occupation of Yugoslavia, Dubrovnik Archive prospered and an increasing number of researchers came to work in it. Thus, Dubrovnik Archive proved itself to be an unavoidable source for studying the past of both the Republic of Dubrovnik and the Serbian people.
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Melo, Gentil Jose Pereira de, and Simone Bastos Paiva. "Benefícios potenciais da auditoria operacional para a administração pública: a percepção dos auditores do TCE/PB." RACE - Revista de Administração, Contabilidade e Economia 16, no. 1 (March 23, 2017): 353–80. http://dx.doi.org/10.18593/race.v16i1.10559.
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A auditoria operacional tem sido utilizada pelos tribunais de contas brasileiros para avaliar a administração pública brasileira, visando a correções, melhorias e aperfeiçoamento de setores, programas, políticas e processos governamentais. Nesse contexto, este estudo teve como objetivo analisar a percepção dos auditores do Tribunal de Contas do Estado da Paraíba (TCE/PB) sobre o grau de importância e a possibilidade de materialização dos benefícios potenciais da auditoria operacional em prol da administração pública. Trata-se de uma pesquisa descritiva e quantiqualitativa, realizada por meio de um levantamento. Para coletar os dados aplicou-se um questionário a 22 auditores do referido Tribunal. Os resultados revelaram que na percepção dos auditores do TCE/PB, dos 15 principais benefícios potenciais apontados pela doutrina, 10 deles têm grandes possibilidades de materialização, permitindo a conclusão de que os benefícios da auditoria operacional se mostram com potencial de promover a melhoria da administração pública.Palavras-chave: Auditoria operacional. Benefícios da auditoria. Administração pública. Abstract The operational auditing has been used by the courts of Brazilian accounts to evaluate the Brazilian public administration, aiming fixes, improvements and enhancements of sectors, programs, policies and government processes. In this context, this study had as objective analyze the perception of the auditors of the Paraíba Audit Office (TCE/PB) on the degree of importance and the possibility of materialization of the potential benefits of the operational auditing for the public administration. This is a descriptive and quantitative and qualitative research, conducted through a survey. To collect the data applied a questionnaire to 22 auditors of the Court. The results showed that the perception of the auditors of TCE/PB, between the 15 main potential benefits appointed by the doctrine, 10 of them have large possibilities of materialization, allowing the conclusion that the benefits of the operational auditing to show up auditing to promote the improvement of public administration. Keywords: Operational audit. Audit benefits. Public administration.
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Brennan, James R. "Lowering the Sultan's Flag: Sovereignty and Decolonization in Coastal Kenya." Comparative Studies in Society and History 50, no. 4 (September 23, 2008): 831–61. http://dx.doi.org/10.1017/s0010417508000364.
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On 17 December 1961, Ronald Ngala faced an audience of some five hundred supporters in Malindi, a town on the East African coast of the Indian Ocean. The crowd had come to watch Ngala lower the flag that symbolized colonial rule along the coast. This was not the Union flag of Great Britain, but the red flag of the Sultan of Zanzibar. It flew over a number of towns located along the ten-mile coastal strip “Protectorate” of what was then Kenya Colony and Protectorate. The flag symbolized this latter legal distinction, representing the sovereignty that the Sultan of Zanzibar retained over the coastal strip of Kenya after leasing its administration to Britain in a treaty signed in 1895. The flag's lowering was an act of political theatre—Ngala's supporters had hastily arranged the flag and flagpole, while the Sultan's real flag flew over the Malindi courts office nearby. The crowd celebrated its lowering with loud and wild cheers. Anxious onlookers later complained that Ngala had performed an act of treason. In Zanzibar, tense with the specter of racial violence, local press expressed outrage at this insult to the Sultan.
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Crosbie, Eric, Particia Sosa, and Stanton A. Glantz. "Defending strong tobacco packaging and labelling regulations in Uruguay: transnational tobacco control network versus Philip Morris International." Tobacco Control 27, no. 2 (March 23, 2017): 185–94. http://dx.doi.org/10.1136/tobaccocontrol-2017-053690.
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ObjectiveDescribe the process of enacting and defending strong tobacco packaging and labelling regulations in Uruguay amid Philip Morris International’s (PMI) legal threats and challenges.MethodsTriangulated government legislation, news sources and interviews with policy-makers and health advocates in Uruguay.ResultsIn 2008 and 2009, the Uruguayan government enacted at the time the world’s largest pictorial health warning labels (80% of front and back of package) and prohibited different packaging or presentations for cigarettes sold under a given brand. PMI threatened to sue Uruguay in international courts if these policies were implemented. The Vazquez administration maintained the regulations, but a week prior to President Vazquez’s successor, President Mujica, took office on 1 March 2010 PMI announced its intention to file an investment arbitration dispute against Uruguay in the International Centre for the Settlement of Investment Disputes. Initially, the Mujica administration announced it would weaken the regulations to avoid litigation. In response, local public health groups in Uruguay enlisted former President Vazquez and international health groups and served as brokers to develop a collaboration with the Mujica administration to defend the regulations. This united front between the Uruguayan government and the transnational tobacco control network paid off when Uruguay defeated PMI’s investment dispute in July 2016.ConclusionTo replicate Uruguay’s success, other countries need to recognise that strong political support, an actively engaged local civil society and financial and technical support are important factors in overcoming tobacco industry’s legal threats to defend strong public health regulations.
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Moges, Melkamu Belachew. "Achievements and Gaps in the Application of the Land Registration System in ANRS: The Case of West Gojjam Zone." Mizan Law Review 14, no. 1 (September 30, 2020): 31–60. http://dx.doi.org/10.4314/mlr.v14i1.2.
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Land registration system has been put in place in the rural areas of Amhara National Regional State (ANRS) since 2002. The courts in the regional state decide on land disputes based on land information obtained from the land administration offices. These offices are expected to supply the information available at the land registration system. However, land administration and use offices often get the information directly from the public on an individual case basis following order from a court. This is mainly attributable to the low level of using the land registration system in the region by the land administration offices and legal professionals. The land registration system is not used to its maximum potential to alleviate the problem of land dispute. A case study approach is used in this article, and five rural woredas were purposively chosen because of high prevalence of land disputes. Questionnaires, focus group discussions (FGDs) and court cases are used. The research indicates the need for a strong institutional and regulatory mechanism of land management in ANRS.
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Ahmed Tura, Hussein. "Indigent’s Right to State Funded Legal Aid in Ethiopia." International Human Rights Law Review 2, no. 1 (2013): 120–50. http://dx.doi.org/10.1163/22131035-00201004.
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This article examines the extent to which state-funded legal aid in criminal cases is recognized and implemented in Ethiopia. The Federal Democratic Republic of Ethiopia (FDRE) Constitution and human rights treaties to which Ethiopia is a party recognize an indigent’s right to defense counsel at state expense where the interests of justice so require. However, on the basis of available data collected from the courts, the police stations and prisons, this article finds that the implementing institutions, such as the Office of Public Defenders, are not operating effectively and moreover the public generally lacks legal awareness. These impediments have in turn contributed to a number of indigent accused being tried and convicted without the benefit of legal advice and representation at different stages of proceedings. It has also been found that almost all unrepresented accused have committed serious errors in said proceedings. In addition, lack of legal aid affects the overall justice system since the indigent cannot defend themselves against trained prosecutors armed with state power. In this article it is argued that in order for Ethiopia to implement an indigent’s right to state-funded legal aid, an independent legal aid agency must be established, which should be responsible for the administration of legal aid.
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Zawadzki, Paweł. "Origin of the European Ombudsman." Miscellanea Historico-Iuridica 19, no. 1 (2020): 443–59. http://dx.doi.org/10.15290/mhi.2020.19.01.19.
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The purpose of this article is to set out the multiannual process for establishing the European Ombudsman's office and the reasons for its establishment. It presents the history of the first European Ombudsmen and the history of the European Communities from a legal perspective. The author goes back to the reasons for setting up the European Ombudsman's body, which were the lack of legitimacy in the European Union. The role of bodies such as the European Ombudsman is to ensure that citizens' rights are actually respected. The European Ombudsman strengthens the rule of law in the European Union and complements the role of the courts by providing a cheap, accessible individual remedy and, on the other hand, complements the representative function of the European Parliament by becoming the centre of independent critical assessment and improvement of the quality of European administration. The rule of law serves to maintain the EU system as a supranational system. It is the construction of the axis of integration. If there is a lack of trust in the community in this respect, it begins to be treated differently. It is therefore important that the European Ombudsman fulfils his Treaty obligations as a body of the European Union effectively.
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Blaine, Robert. "From Principal To Central Office Administrator." NASSP Bulletin 72, no. 511 (November 1988): 100–101. http://dx.doi.org/10.1177/019263658807251124.
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Šapoka, Mindaugas. "Senųjų muitų administravimas Lietuvos Didžiojoje Kunigaikštystėje 1710–1717 m." Lietuvos istorijos metraštis 2019/1 (September 1, 2019): 79–100. http://dx.doi.org/10.33918/2019/1/3.
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This article analyses the issue of the old customs duties in Lithuania. There were two types of customs duties in Lithuania: old customs duties and new customs duties. The former were all duties imposed by the grand dukes of Lithuania until the mid-sixteenth century, while the latter duties were levied by the Polish-Lithuanian sejms. The nobility were exempted from paying the old customs duties. The income from the old customs duties formed part of the King’s budget to maintain his court, while the income from the new customs duties was part of the Lithuanian state budget. The coaequatio iurum law of 1697 changed the administration of the old customs duties. It determined that the income would be part of Lithuania’s state budget. The Lithuanian treasurer was to administer the old customs duties and pay 50,000 złoties to the king in exchange for a certain fee derived from the duties. Lithuanian treasurer Ludwik Pociej probably dministered the old customs duties from 1703. Having returned to the Commonwealth after his forced abdication, the Polish King Augustus II did not accept the right of the Lithuanian treasurer Michał Kociełł, whom the King appointed to the office in 1710, to administer the old customs duties. The King appointed Jan Szretter as administrator. Later, in 1713, the administration was granted to Stefan Cedrowski and Pinkas Szakowicz. In April of 1715, the administration was transferred to Michał Puzyna. Lithuanian treasurer Michał Kociełł did not renounce his rights to administer the old customs duties. However, his sustained efforts to regain the control were crushed by his arrest under the order of Stefan Cedrowski in late 1713. In 1716, the newly formed Vilnius Confederation, noble union rallied to resist the King’s policy of defying the Commonwealth’s laws, made a claim to the administration of the old customs duties. The dispute on the control of the old customs duties significantly hindered the progress in the peace negotiations between the confederates and the representatives of the King in June and July of 1716. The final agreement foresaw that the control of the old customs duties would be returned to the King, while he would pay a compensation for the administrators of customs houses who had paid the rent to the leaders of the confederation. The old customs duties were one of the few fast cash sources in the early modern Lithuania. This is why the King, the treasurer, and the confederates wanted to keep the administration of these duties in their hands. Lithuanian officials competed for the right to participate in tax farming by paying cash advances to either of the parties for the right to rent certain customs houses. The confederates ardently defended their right to administer the old customs duties not only because of the profit, but also ecause it became a symbol of the dissatisfaction with the King’s policies. By claiming the administration of the old customs duties to himself, the King did not recognize the coequatio iurum law of 1697 which he had confirmed upon his coronation. Such behaviour of the King contradicted the concept of noble democracy.
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Santos, Stephanie Bain De Los, Lori Kupczynski, and Marie-Anne Mundy. "Determining Academic Success in Students with Disabilities in Higher Education." International Journal of Higher Education 8, no. 2 (March 21, 2019): 16. http://dx.doi.org/10.5430/ijhe.v8n2p16.
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Students with disabilities have not been fully welcomed in higher education in spite of litigation, court cases, and positive shifts in public perceptions. The transition from high school to college is challenging for students without disabilities. Students with disabilities often get overlooked by their institution and overwhelmed during this transition, contributing to an achievement gap for these students. Student success is measured by retention, academic achievement, and on-time graduation. This research study examined how student success was impacted by a student’s registration with the campus disability office, use of accommodations, and use of institutional and social support systems. This study explored a new frontier of research that dispels the myth that students with disabilities are a homogenous group. The results of this study can be used to increase knowledge regarding students with disabilities and their success in higher education. The results will assist college and university administrators as well as staff in disability services offices in tracking the success of accommodations for students with disabilities. This study can help university administration to better understand the benefits of institutional support services as well as encourage faculty involvement in implementing accommodations and helping students see the benefit of student registration with the campus office of disabilities.
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Tyhulu, Luthando, Bongani Sibande, Nkosinathi Zilwa, Siphiwo Langa, Shairn Hollis-Turner, and Juan-Pierré Bruwer. "The influence of a paperless office environment on the sustainability of the Master of the High Court in Cape Town." Environmental Economics 7, no. 3 (October 21, 2016): 33–44. http://dx.doi.org/10.21511/ee.07(3).2016.04.
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Around the globe, more emphasis is being placed on environmental sustainability and, as such, many organizations have started to embrace the idea of a paperless working environment, although it is still largely regarded as an idealistic dream. For this research study, the influence of a paperless working environment on the Master of the High Court (Master’s Office), in Cape Town, was investigated through the introduction of its Paperless Estate Administration System (PEAS) and its Paperless Estate Administration System for Trusts (PEAST). The main objective of this research study is to determine the influence of the PEAS and the PEAST on the holistic sustainability of the Master’s Office. A mixed methods approach was followed whereby both quantitative data and qualitative data were collected through means of disseminating questionnaires to employees based at the Master’s Office in Cape Town. Based on the findings made, the PEAS and the PEAST had a positive influence on the sustainability of the Master’s Office in Cape Town, as the time spent on and the expenditure incurred on administrative tasks decreased significantly. Notwithstanding the latter, it was found that the PEAS and the PEAST can still be further enhanced to optimize the sustainability of the Master’s Office in Cape Town. Keywords: paperless, work environment, high court, administration, office and management technology, Paperless Estate Administration System (PEAS), Paperless Estate Administration System for Trusts (PEAST). JEL Classification: M10
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Martini, Martini, and Efridani Lubis. "ANALISIS YURIDIS PERALIHAN TANAH GIRIK KE HAK GUNA USAHA BERDASARKAN ITIKAD TIDAK BAIK DI PULAU PARI KEPULAUAN SERIBU DKI JAKARTA." VERITAS 7, no. 1 (April 30, 2021): 19–35. http://dx.doi.org/10.34005/veritas.v7i1.1253.
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Conflict of land between Pari Island’s community and PT BPA begin in the year 1993 where corporate consorsium declared that 90% of the ownership of the island belongs to them. The corporate said that the land had been acquired through sale purchasing with local administrator. The legal issue has been proceseed at the moment, however there is no official decision yet. Another aspect of this case is mal-administration that conducted by Jakarta Land Office which had been processed by Ombudsman based on community report. The aim of this research is to understand the regulation and procedure of custom land right to cultivation right and the implementation of it in Pari Island. The research used qualitative method with normative legal approach including court decision regarding the issue. The result of the study shows that the community in Pari Island actually have their custom land right legally, therefore they need legal advices and aid to resolve the conflict. The output of the research is article published in accreditation national journal.
Abstrak
Permasalahan konflik tanah/lahan antara warga Pulau Pari dan pihak swasta PT BPA dimulai sejak tahun 1993, yaitu ketika satu konsorsium korporasi, PT BPA menyatakan bahwa 90% kepemilikan tanah di Pulau Pari adalah milik perusahaan konsorsium. Perusahaan menyatakan tanah-tanah tersebut telah diakusisi melalui jual beli secara resmi melalui kelurahan. Permasalahan ini telah masuk ke ranah hukum, namun belum memperoleh kekuatan hukum yang tetap. Ombudsman telah melakukan pemeriksaan terhadap kasus ini berdasrkan permohonan warga dan menemukan adanya tindak mal-administrasi yang dilakukan Kantor Pertanahan Jakarta. Tujuan penelitian ini adalah untuk mengetahui pengaturan dan prosedur peralihan tanah girik ke hak guna usaha dan bagaimana pelaksanaanya di Pulau Pari Kepulauan Seribu, Penelitian ini dilakukan dengan menggunakan metode kualitatif dengan pendekatan yuridis normatif adalah pendekatan dengan mengutamakan dan berdasarkan bahan hukum utama dengan cara menelaah teori-teori, konsep-konsep, asas-asas hukum serta peraturan perundang-undangan, termasuk hasil putusan pengadilan yang berhubungan dengan penelitian ini. Istilah lain untuk pendekatan ini adalah Studi Kepustakaan. Hasil penelitian secara yuridis, warga Pulau Pari belum memiliki bukti formal dan jelas atas kepemilikan tanah maka perlu ada solusi secara hukum, administrasi dan ekonomis untuk menyelesaikan konfilik pertanhan di Pulau Pari ini. Luaran penelitian ini adalah publikasi di jurnal nasional terakreditasi.
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Nesterenko, K. O., and YU V. Trotsay. "Directions of reforming the national police as an element of public administration of Ukraine." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 214–18. http://dx.doi.org/10.24144/2307-3322.2021.63.38.
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The consideration of the main normative acts regulating and accompanying the process of reforming the units of the National Police as a part of the public administration in Ukraine is offered.It was stated that the current state of the National Police does not fully meet the challenges and realities of today. Police reform should not be a process for the sake of the process, the end result should be systemic change, this requires a clear understanding of the stages of reform, their regulatory support at both strategic and tactical levels and performance based on certain indicators. In the area of regulatory support for police reform, it should be noted a certain inconsistency, ie even in the presence of documents at the strategic level, it is noted that some systemic elements of the reform are not clearly spelled out, which leads to legal confusion and delays. It is believed that systemic changes are required by the Code of Ukraine on Administrative Offenses and a number of bylaws, including: in terms of depoliticization of the National Police and financial issues of its work; creation of a system for assessing the work of the police on the basis of the level of public confidence by conducting an independent opinion poll; overcoming the impunity of law enforcement officers and in order to strengthen their personal responsibility through identification, which will provide additional opportunities for influence and participation of citizens to improve the activities of the police. It was stressed that comprehensive reform of the entire security and defense sector is urgently needed for Ukraine. At the same time, the National Police cannot be reformed as a separate declared project - a model of law and order, as its activities are constant interaction with the executive, the National Guard, the State Emergency Service, the State Migration Service, the Border Service and the Armed Forces. prosecutor's office, courts, etc. All this necessitates a review of the organizational structure and functions of these bodies to achieve balance, coordination and effectiveness of their actions and, as a consequence, to achieve the key goal of reforming the National Police - the trust of citizens.
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Fairuzabadi, Reza, and Akhmad Khisni. "Peran PPAT Dalam Proses Peralihan Hak Atas Tanah Dan Pembagian Hak Bersama Setelah Terjadinya Penetapan Pembagian Waris Di Pengadilan Agama Kabupaten Garut." Jurnal Akta 5, no. 1 (March 5, 2018): 197. http://dx.doi.org/10.30659/akta.v5i1.2548.
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ABSTRAKPenelitian ini bertujuan mengetahui peran PPAT setelah terjadinya penetapan pembagian waris di Pengadilan Agama Garut, apabila terjadi hal terkait masalah proses peralihan hak atas tanah dan atau pembagian warisan sebaiknya para ahli waris terlebih dahulu datang ke kantor PPAT untuk berkonsultasi, agar dijelaskan tentang mekanisme penyelesaian serta di buatkan akta terkait pembagian waris sesuai peristiwa hukumnya yang sebelumnya sudah melalui proses pembagian waris di Pengadilan Agama. Penelitian ini mengggunakan pendekatan yuridis empiris.Berdasarkan metode tersebut penelitian menghasilkan pada pokoknya (1) Peran PPAT dalam proses peralihan hak dan Pembagian Waris di Pengadilan Agama Garut Menurut Putusan Pengadilan Agama yang isinya mengembalikan dan membagikan harta warisan kepada masing-masing ahli waris, selanjutnya PPAT membuatkan APHB, pada umumnya sama dengan alasan-alasan yuridis terkait pembuatan APHB yang menyatakan bahwa tanah yang merupakan warisan belum didaftar wajib dilampirkan dokumen-dokumen yang berkaitan dengan kewarisan dalam proses pendaftaran haknya sebagaimana tersebut dalam pasal 42 ayat 2 PP.24/1997, Pasal 111 PMA nomor 3 tahun 1997, KHI pasal 171-176, Pasal 37 ayat (1) PP 24/97, Pasal 136 PMA, UUPA nomor 5 Tahun 1960, PP 37 Tahun 1998, PP 3 Tahun 1997, PP 1 Tahun 2006, Perkaban Nomor 8 Tahun 2012. (2) Kendala dan solusi yang dihadapi oleh PPAT : a. Ketentuan yang mengharuskan pencantuman tanda tangan asli para ahli waris dalam pembuatan Surat Keterangan Waris dan Akta Pembagian Hak Bersama. b. Sistem pemecahan secara sempurna yang melahirkan produk akhir berupa sertifikat hak atas tanah dengan kepemilikan bersama atas nama para ahli waris. c. Perhitungan Pajak APHB. d. Persyaratan administratif yang harus dilengkapi oleh para ahli waris. e. Kantor Pertanahan terlalu kaku dalam menerapkan kelengkapan persyaratan. f. Kebiasaan Pejabat Pembuat Akta Tanah menyuruh pegawainya untuk menjadi saksi dalam pembuatan Surat Keterangan Waris. g. Para ahli waris kurang mempunyai kesadaran hukum dalam melengkapi persyaratan proses pembagian hak bersama.Kata kunci : Peralihan Hak Atas Tanah, Pembagian Hak Bersama, Penetapan Pembagian WarisABSTRACTThis study aims to determine the role of PPAT after the establishment of inheritance division in Garut Religious Court, in case of problems related to the process of transition of land rights and / or inheritance division, the heirs must first come to the PPAT office to consult, to explain the settlement mechanism and made a deed related to the division of inheritance according to legal events that have been through the process of distributing inheritance in the Religious Courts. This research employs empirical juridical approachBased on the method, the research produces basically (1) The role of PPAT in the process of transition of rights and division of inheritance in Garut Religious Court Based on the Decision of Religious Court whose contents restore and distribute inheritance to each heirs, then PPAT make APHB, juridical reasons related to the creation of the APHB stating that the land which is inherited has not been registered must be attached with documents related to inheritance in the process of registration of its rights as mentioned in Article 42 paragraph 2 of PP.24 / 1997, Article 111 PMA number 3 of 1997, KHI article 171-176, Article 37 paragraph (1) PP 24/97, Article 136 PMA, UUPA number 5 Year 1960, PP 37 Year 1998, PP 3 Year 1997, PP 1 Year 2006, Perkaban Number 8 Year 2012. (2 ) Constraints and solutions faced by PPAT: a. The provisions that require the inclusion of the original signatures of the heirs in the making of the Certificate of Inheritance and the Deed of Rights Sharing. b. A perfect splitting system that produces the final product of a land title certificate with joint ownership on behalf of the heirs. c. APHB Tax Calculation. d. Administrative requirements to be completed by the heirs. e. Land Office is too rigid in applying the requirements. f. Habit of Officers of the Deed Land Author instructs his employees to become witnesses in the making of the Inheritance Certificate. g. The heirs lack legal awareness in completing the terms of the process of sharing common rights.Keywords: Land Rights Transfer, Shared Rights Sharing, Stipulation of Inheritance
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Bhatti, Muhammad Awais, Mohamed Mohamed Battour, and Veera Pandiyan Kaliani Sundram. "Kulim Land Office Malaysia: success with effective leadership style." Emerald Emerging Markets Case Studies 4, no. 6 (November 20, 2014): 1–4. http://dx.doi.org/10.1108/eemcs-06-2013-0107.
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Subject area Leadership. Study level/applicability This case study is useful for graduate and post-graduate students. Case overview Kulim Land Office is the department responsible for the management of the affairs of the land in this area and it focuses on harmony, progress and prosperity management so that they are conducted in an orderly manner, and in accordance with the requirements of regulations and existing laws. Kulim Land Office is a public organization which is managed by the Land Administrator and two assistants of the Land Administrator. There are about 60 staff and they are being led by the Land Administrator Tuan Haji Md. Shuhaimie b. Abd Rahman, AMK, BCK, ASK. Since the Tuan Haji Md. Shuhaimie leadership started in August 2009, the units had experienced many successful achievements and, not surprisingly, have become a benchmark for other departments in the state of Kedah and the whole Malaysia public departments. This case study explains the importance of different leadership style at workplace and ways to avoid criticism. This case study also explains different methods to motivate subordinates to develop effective leader-follower relationship. Expected learning outcomes This case study will help students understand leadership style and ways to avoid criticism. Supplementary materials Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.
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Rousmaniere, Kate. "Presidential Address: Go to the Principal's Office: Toward a Social History of the School Principal in North America." History of Education Quarterly 47, no. 1 (February 2007): 1–22. http://dx.doi.org/10.1111/j.1748-5959.2007.00072.x.
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Of the many organizational changes that took place in public education in North America at the turn of the last century, few had greater impact on the school than the development of the principal. The creation of the principal's office revolutionized the internal organization of the school from a group of students supervised by one teacher to a collection of teachers managed by one administrator. In its very conception, the appointment of a school-based administrator who was authorized to supervise other teachers significantly restructured power relations in schools, realigning the source of authority from the classroom to the principal's office. Just as significant was the role that the principal played as a school based representative of the central educational office.
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Wongsirasawat, Chanchai, Phadungchai Pupat, and Sawat Phetchabun. "Administrator Role Indicators for Encourage Efficiency on Learning Management in School: Confirmatory Factor Analysis." Mediterranean Journal of Social Sciences 10, no. 4 (July 1, 2019): 124–30. http://dx.doi.org/10.2478/mjss-2019-0058.
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Abstract The present research was aimed to validate the construct validity of the administrator role indicators for encourage efficiency on learning management in school under the Office of the Basic Education Commission. A stratified random sampling method was used to select a sample of 150 school administrators under the Office of the Basic Education Commission. The research instrument used was a 5 rating scale questionnaire with content validity from 0.60-1.00. The data analyses were first order a confirmatory factor analysis. The results of the study indicated that the administrator role indicators for encourage efficiency on learning management in school under the Office of the Basic Education Commission comprised 15 indicators, is valid and fit to empirical data i.e. Chi-square = 87.675, degree of freedom (df) = 76, p-value = 0.170, GFI = 0.931, AGFI = 0.892, and RMSEA = 0.019.
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Dubrow, Jehanne. "Portrait of an Administrator with Strategic Plan and Office Supplies." Pleiades: Literature in Context 38, no. 1 (2018): 11. http://dx.doi.org/10.1353/plc.2018.0003.
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Schmidt, Georg. "Die richterliche Unabhängigkeit – Eine Bestandsaufnahme." Die Verwaltung 51, no. 2 (April 1, 2018): 227–63. http://dx.doi.org/10.3790/verw.51.2.227.
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Summary Regarding recent developments in Europe, the constitutional basis and scope of judicial independence is a salient question of the architecture of the judicial power in Germany, too. This article argues that judicial independence is not a personal privilege of judges but a functional requirement, which enables the judicial branch to exert its powers effectively. The analysis illustrates how judicial independence is protected as well substantively as procedurally under German legislation, which fills out the constitutional guarantee of the independence of the judges. Albeit a judge is under no obligation to follow instructions of a superior officer with regard to his or her legal findings, there are legitimate instruments of the court administration outside the centre of adjudication to secure good behaviour of the judges in office.
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Vermeule, Blakey. "Professor Emily Casaubon Studies the Emotions." Publications of the Modern Language Association of America 130, no. 5 (October 2015): 1481–88. http://dx.doi.org/10.1632/pmla.2015.130.5.1481.
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The trouble started with an ultimatum. emily casaubon, an english professor, was in line for a new office. but first, the kindly departmental administrator told her, she needed to purge some books. The administrator was right: Professor Casaubon's books were cresting and flooding like the spawn of the Philistine god Dagon—“sea monster, upward man and downward fish,” as John Milton pithily put it—in full run. She got right to work.
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Garcia, Mark B. "CALIFORNIA OFFICE OF OIL SPILL PREVENTION AND RESPONSE." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 948–49. http://dx.doi.org/10.7901/2169-3358-1995-1-948.
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ABSTRACT The Office of Oil Spill Prevention and Response (OSPR), the Department of Fish and Game, is the lead state agency charged with oil spill prevention and response in the marine environment of the state of California. The OSPR was established pursuant to the California Oil Spill Prevention and Response Act of 1990. The legislation provides the OSPR Administrator with substantial authority to direct spill response, cleanup, and natural resource damage assessment activities.
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Fitriani, L., M. A. Nugraha, E. Satria, and D. Tresnawati. "Geographical Information System distribution of health insurance and employment administrator office." IOP Conference Series: Materials Science and Engineering 1098, no. 3 (March 1, 2021): 032050. http://dx.doi.org/10.1088/1757-899x/1098/3/032050.
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Brown, L. Neville, and Micheline McNicoll. "Le juge : censeur de l'action de l'Administration." Les Cahiers de droit 25, no. 2 (April 12, 2005): 451–64. http://dx.doi.org/10.7202/042600ar.
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As Professor Wade rightly reminds us : « The powerful engines of authority must be prevented from running amok ». The control of the legality of administrative action by the ordinary courts prevents such action being arbitrary or unreasonable. But in sitting in judgment upon the administration, does not the judge risk usurping the role of the administrator ? This is a real misgiving which many authors share : they complain of « Government by judges ». The present article (based upon a public lecture delivered at Laval University in October 1983) considers this aspect of judicial control, especially in relation to certain recent decisions of the English superior courts.
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McKerrow, Kelly. "Administrative Internships: Quality or Quantity?" Journal of School Leadership 8, no. 2 (March 1998): 171–86. http://dx.doi.org/10.1177/105268469800800206.
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This article reports the findings of a study that examined the activities of forty-five interns. Content analysis was used to examine the interns’ daily logs. Time spent on activities was calculated and differences in the time spent on dependent and independent work were tested. Results indicate that two-thirds of interns’ time was spent going to meetings, doing office work, or supervising students. Interns spent little or no time in the actual role of the administrator. Data suggest that internships do not expose students to the actual work of the administrator. Implications for practice are discussed and recommendations are made.
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Cunniff, Daniel T. "Due Process And Teacher/Administrator Responsibilities In The United States." College Teaching Methods & Styles Journal (CTMS) 3, no. 4 (August 4, 2011): 55. http://dx.doi.org/10.19030/ctms.v3i4.5587.
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This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school districts, which ignore the fact that they are acting in place of students parents and cannot overstep their bounds. The author stressed the fact that it is up to school officials to educate themselves as to their legal responsibilities. The study covered key issues including due process, suspension and expulsion, student searches, and sexual harassment. Case studies were cited and suggestions for litigation avoidance offered.
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Ura, Elżbieta. "„Ucywilnianie” dotychczasowych stosunków służbowych funkcjonariuszy celnych w związku z reformą administracji celno-skarbowej — w kontekście zasady praworządności." Przegląd Prawa i Administracji 114 (August 10, 2018): 255–68. http://dx.doi.org/10.19195/0137-1134.114.16.
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CHANGE OF THE LEGAL STATUS OF THE CUSTOMS SERVICE OFFICER FROM THE ADMINISTRATIVE AND LEGAL RELATION TO THE CONTRACTUAL RELATION — IN THE CONTEXT OF THE RULE OF LAWOn March 1, 2017, acts reforming the customs and tax administration system came into force. They introduced not only changes in the system of organs and organizational structure of this administration, but also significantly influenced the legal status of Customs Service officers. Not all officers were offered further service in the newly created customs and tax administration. Some of them received offers of employment in positions of civil part — in general has not been employed for a further period. In both cases, the relationship was terminated, which in the light of the adopted statutory solutions is treated as an exemption from service. A very large group of officers filed appeals to administrative courts, some of them — also to common courts. Against the background of the provisions formulated in such a way, the question arises: whether the change of the legal status of the Customs Service officer from the administrative and legal relation to the contractual relation made by the director of the customs chamber as part of the powers entrusted to him, is in line with the rule of law. The answer to this question will ultimately be given by the courts. The study will, however, present general observations regarding the existing situation.
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Swaak-Goldman, Olivia, and Maria Nybondas. "International criminal courts round-up." Yearbook of International Humanitarian Law 6 (December 2003): 292–318. http://dx.doi.org/10.1017/s1389135900001355.
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For the International Criminal Court (ICC) 2003 was a crucial year — its first as a functioning institution. With the coming into force of its Statute in July 2002, 2003 was spent establishing the infrastructure and procedures according to which the ICC will function. The ICC also made progress in establishing its four organs: the Chambers, the Presidency, the Office of the Prosecutor and the Registry.