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Artykuły w czasopismach na temat „Executions (Law) – Germany”

Autor: Grafiati

Data publikacji: 29 lipca 2024

Data aktualizacji: 31 lipca 2025

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1

Niedobitek, Matthias. "The German Bundesrat and Executive Federalism." Perspectives on Federalism 10, no. 2 (2018): 198–214. http://dx.doi.org/10.2478/pof-2018-0023.

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Abstract The German Basic Law constitutes federalism as a unique political system which is characterised by intertwined decision-making of the Federation (Bund) and the component units (Länder). The executives of the two federal tiers and the Länder executives within the Bundesrat play a major role in making joint decisions. They are forced to make decisions in the ‘joint-decision mode’ (Politikverflechtung) which is detrimental to accountability. Reform efforts were made to unbundle competences and to reduce the number of bills which require the Bundesrat’s consent. Due to the dominance of th

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Głowacki, Krzysztof, Christopher Andrew Hartwell, Kateryna Karunska, et al. "The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland." Law and Development Review 14, no. 2 (2021): 359–400. http://dx.doi.org/10.1515/ldr-2021-0043.

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Abstract The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine thi

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Krüper, Julian. "Strukturprobleme des Glücksspielrechts." Die Verwaltung 54, no. 1 (2021): 37–71. http://dx.doi.org/10.3790/verw.54.1.37.

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Comprised of a plurality of legal actors and powered by a highly polarised social and legal discourse, German gambling law provides a framework for the ever booming gambling market. It is challenged by digitalization and by the internationalization of gambling. In addition, it faces adverse regulatory impulses, ranging from liberalization to a firm regulatory grasp within a couple of years. On the one hand, it purports to offer a sufficiently attractive supply of gambling products in order to draw the public into legal forms and away from illegal forms of gambling. On the other hand, its regul

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Álvarez Álvarez, Leonardo. "La coerción federal en la Ley Fundamental. La recepción de una categoría clásica del sistema descentralizado alemán." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 285. http://dx.doi.org/10.5944/trc.43.2019.24419.

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Este trabajo analiza la categoría de la coerción federal en la Ley Fundamental alemana. La coerción federal atribuye al Estado central la facultad de responder frente a la infracción de las obligaciones federales por parte de los Estados federados. La doctrina apenas ha construido una teoría de la coacción federal vinculada a la vigente Ley Fundamental, sino que ha asumido, con carácter general, los resultados de la ejecución federal. Una categoría que encuentra su origen en la época de la confederación alemana del siglo xix y en un concepto de Constitución y de sistema descentralizado distint

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Knežević, Marko. "The security right of an execution order on tangible property." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 2 (2022): 459–91. http://dx.doi.org/10.5937/zrpfns56-38331.

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Enforcement law reforms have not bypassed the enforcement of monetary claims against tangible property. The security right of an execution order acquired by an attachment levy (ger. Pfändungspfandrecht), since the previous Law on Enforcement and Security, is now acquired only by registration, at the request of the executive creditor. The paper tries to give dogmatic contours to this new concept. Starting from the already completed theories in German and Austrian doctrine, it turns out that for the current Serbian concept the most appropriate is so-called mixed theory. At the same time, however

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Cai, Zi-Jian. "Highlighting the Recent Historical Innovations in Political Progressions from Law." Journal of Social Sciences Research, no. 58 (August 5, 2019): 1204–9. http://dx.doi.org/10.32861/jssr.58.1204.1209.

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In this paper, it is highlighted the recent big historical innovations of politics from law the world people participating enthusiastically, manifested in television and recorded as diaries. It was the author Cai who started and led the democratic law execution in China in 2000, which was new in history and helped establish the theory of armed police. Besides overcoming the difficulties after the June 4th Incident and acquiring some provincial supports in China, it further promoted the democracy in Mideast in many countries, differentiating the democratic law execution and democratic revolutio

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Kaplan, S. N. "Top Executives, Turnover, and Firm Performance in Germany." Journal of Law, Economics, and Organization 10, no. 1 (1994): 142–59. http://dx.doi.org/10.1093/jleo/10.1.142.

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Ekart, Andrej, and Sylvia Zangl. "The Admissibility of Defences against the Substantive Claim in Cross-Border Enforcement of Judgments in Europe." Lex localis - Journal of Local Self-Government 9, no. 4 (2011): 311–33. http://dx.doi.org/10.4335/9.4.311-333(2011).

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Authors discuss the admissibility of defences against the substantive claim (e.g. objection of the debtor that the enforceable claim has been discharged) in cross-border enforcement in Europe. In the context of Regulation 44/2001 in some countries, like Germany, courts have admitted such defences in exequatur proceeding. In other countries, like Slovenia and Austria, such objections have to be asserted with legal remedies of the national execution law. Debtor can defend himself against European enforcement order, order for payment and small claims judgment with legal remedies of national execu

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ERTUĞRUL, Meltem. "RESPONSIBILITY OF THE ADMINISTRATION FOR DAMAGES CAUSED BY THE BEHAVIOR OF PUBLIC OFFICIALS IN GERMAN AND SWISS LAW." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1123743.

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It is possible that public officials who perform the actions of the administration, which has a wide organizational structure and field of activity, may harm individuals during the performance of public service. In principle, these damaging behaviors are attributed to the administration. According to which liability provisions the administration will be held responsible for damages arising from the behavior of public officials during the execution of administrative service, German and Swiss legal systems are regulated differently from Turkish law. For example, in German Law, the responsibility

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Mamouri, Mahdieh Sadat, and Mansour Amini. "Non-Conformity of Contracting Parties in the Performance Stage of Debt and Claim Transfer Contracts: A Comparative Study in the Legal Systems of France, Germany, and England." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 3 (2024): 206–20. https://doi.org/10.61838/csjlp.6.3.13.

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In principle, the performance of contractual obligations is carried out by the obligor in favor of the obligee. However, sometimes what matters to the parties is the execution of the obligation itself, not the person performing or the one receiving the performance. In such contracts, the contracting party may change, through new agreements and within different legal frameworks, and a third party may be substituted as the new obligor or obligee. Debt and claim transfer contracts are recognized in various legal systems, including those of France, Germany, and England, as contracts for changing t

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Kuryndin, Pavel A. "Models of Forced Execution of Administrative Acts." Zakon 21, no. 6 (2024): 178–85. http://dx.doi.org/10.37239/0869-4400-2024-21-6-178-185.

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Administrative bodies, when making a decision on a certain issue, adopt an adinistrative act. However, its enforcement may encounter problems when an individual is unwilling to voluntarily comply with its requirements, even under the threat of sanctions. As a general rule, Russian legislation does not recognise administrative act as an executive document per se. Hence, the purpose of the study is the search for models and means of ensuring the execution of administrative acts in the shortest possible time without significant costs. In continental law, there are two approaches to determining th

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Basedow, Jürgen, Jan Dietze, Stefan Griller, et al. "European integration: Quo vadis? A critical commentary on the PSPP judgment of the German Federal Constitutional Court of May 5, 2020." International Journal of Constitutional Law 19, no. 1 (2021): 188–207. http://dx.doi.org/10.1093/icon/moab017.

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Abstract In its judgment of May 5, 2020, the Second Senate of the German Constitutional Court qualified for the first time a judgment of the Court of Justice of the European Union (CJEU)—C-493/17 Weiss—as “arbitrary from an objective perspective” and declared the underlying European Central Bank (ECB) decisions regarding the Public Sector Purchase Programme (PSPP) to be ultra vires. It requested the German Government and the German Parliament to take steps against the PSPP in its current form and to ensure that the ECB conducts a proportionality assessment of its PSPP. The judgment also prohib

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Castin, Louise. "The Effects of Post-Brexit Insolvencies in Belgium, Germany and the Netherlands." European Review of Private Law 30, Issue 1 (2022): 103–54. http://dx.doi.org/10.54648/erpl2022005.

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The one principle that is central to EU legislation on private international law, is that of mutual trust. States leaving the Union also leave that realm of mutual trust. That was the fate of the United Kingdom, as it officially left the union on 31 January 2020. UK Cross-border insolvency procedures started after the ending of the transition period on 31 December 2020 do not benefit from that principle anymore. The effect of these procedures in the different EU Member States is regulated by their own residual national framework. This article seeks to compare the recognition and execution fram

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Barbara Szamota-Saeki. "Positive General Prevention (Chosen Theories)." Archives of Criminology, no. XXVII (June 14, 2004): 43–66. http://dx.doi.org/10.7420/ak2003-2004b.

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The idea of socio-educating function of punishment is not recent. It appeared in XVIIIth century. Its renewal of XXth century is explained by the disappointment of the deterrent and re-socialising effectiveness of criminal punishment. It is also a reaction towards the abolitionary postulates’ questioning the sense of existence of the criminal punishment. There are many versions of this theory. It is widely popular in Germany where it is calted ‘positive general prevention’ or the ‘integrating prevention’. The term ‘positive general prevention’ was constructed in Germany in opposition to the tr

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Nesi, G. "The Quest for a 'Full' Execution of the ICJ Judgment in Germany v. Italy." Journal of International Criminal Justice 11, no. 1 (2013): 185–98. http://dx.doi.org/10.1093/jicj/mqt002.

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O'Donnell, Therese. "Executioners, bystanders and victims: collective guilt, the legacy of denazification and the birth of twentieth-century transitional justice." Legal Studies 25, no. 4 (2005): 627–67. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00687.x.

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‘We did not go into the streets when our Jewish friends were led away; we did not scream until we too were destroyed … We are guilty of being alive.’Karl Jaspers The Question of German Guilt, p 66The following scene as recounted by the English writer James Stern occurred in a German town one week after Germany's unconditional surrender in May 1945. A crowd is gathered around a series of photographs which though initially seeming to depict garbage instead reveal dead human bodies. Each photograph has a heading ‘WHO IS GUILTY?’. The spectators are silent, appearing hypnotised, and eventually ret

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Eisfeld, Alfred. "Germans of Ukraine in the Interwar Years (1918-1941)." Problems of World History, no. 10 (February 27, 2020): 107–37. http://dx.doi.org/10.46869/2707-6776-2020-10-7.

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The article uses documents covering the process of preparing and conducting by the NKVD bodies of the Ukrainian SSR a massive “German operation” – an integral part of the “Great Terror” in the USSR in 1937-1938. The historical circumstances of the appearance of the order of the NKVD of the USSR No. 00439 of July 25, 1937 and the specifics of its implementation in the Ukrainian SSR are disclosed. They also characterize the methodology for selecting the “contingent” that was repressed (victims of the operation), the technology of conducting mass repressions within the framework of the special op

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Amoroso, Alessandro Mario. "Closer to home: How national implementation affects State conduct in partnered operations." International Review of the Red Cross 102, no. 914 (2020): 515–37. http://dx.doi.org/10.1017/s1816383121000618.

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AbstractDomestic law, case law and policies play a decisive yet underestimated role in ensuring that partnered operations are carried out in compliance with international law. Research on the legal framework of partnered operations has so far focused on clarifying existing and emerging obligations at the international level. Less attention has been devoted to understanding whether and how domestic legal systems integrate international law into national decision-making which governs the planning, execution and assessment of partnered operations. This article tries to fill the gap by focusing on

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Pączek, Jarosław. "“Intra-EU Objection” Does “Incompatible” Always Equal “Inapplicable”? Mainstream v. Germany – a New Chapter of an Old Story." Przegląd Prawa Egzekucyjnego 2022, no. 12 (2022): 28–54. http://dx.doi.org/10.62627/ppe.2022.046.

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In investment arbitration, the so-called “intra-EU objection” is based on the concept of the inadmissibility of claims. Such an objection, often presented in arbitrations by the defendants – EU member states, not only purports to quell BIT-based claims, but also stands in the way of the enforcement and execution of arbitral awards based on the ICSID Convention. After the landmark CJEU decision in Achmea, the issue seemed to be done and dusted, at least under the European legal system. All the recent different awards rendered by the German courts in Mainstream v. Germany, Uniper v. Kingdom of t

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Gu, Hyung-keun. "A Study on the Field Response-Type Execution Activities of Police Officers." K Association of Education Research 9, no. 4 (2024): 439–51. https://doi.org/10.48033/jss.9.4.24.

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This study examines the relationship between police officers'field-response execution activities and specific risks under the police law, and examines thelegal characteristics of police officers' field-response execution activities in the current police research method that reviews books, papers, and precedents in Korea, Japan, and Germany onthis topic. The following legal characteristics can be recognized in that the police officer'son-site response execution activities are power measures performed for the direct purpose ofexcluding specific risks identified and obtained by the police officer

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Kuliushin, Evgenii Nikolaevich. "Adoption of a judgement and exercising control of its performance by a court in administrative proceedings." SHS Web of Conferences 118 (2021): 03029. http://dx.doi.org/10.1051/shsconf/202111803029.

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The article examines the essence and content of the powers of the court of first instance to make a judgement and control its implementation in order to improve the effectiveness of judicial protection of violated rights of citizens and organisations against illegal acts of public law bodies, the correctness and timeliness of consideration and resolution of cases in public law disputes, prevention of violations in the area of public law relations, the possibility of reducing the burden on courts of first instance in various categories of public law disputes. The key focus is on the peculiariti

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UDODOV, G. A., and I. V. ROMANOVA. "HISTORICAL BACKGROUND TO THE ADOPTION OF GERMANY’S CODE OF CRIMINAL CODE OF 1871." LEGAL ORDER: History, Theory, Practice 43, no. 4 (2024): 30–33. https://doi.org/10.47475/2311-696x-2024-43-4-30-33.

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The study is devoted to the historical prerequisites for the adoption of the German Criminal Code of 1871, which played an important role in the political unification of disparate states. It analyzes the reasons, goals and conditions of the unification of German legislation, as well as the preceding codification and accompanying historical events. The conclusion states that the structure and terminology of the Prussian Land Ordinance were used as the basis for this law. The relevant part of the old Statute had already been firmly divided into general and special parts, and numerous elements an

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Voßkuhle, Andreas. "“European Integration Through Law”." European Journal of Sociology 58, no. 1 (2017): 145–68. http://dx.doi.org/10.1017/s0003975617000042.

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AbstractThis article discusses the Federal Constitutional Court’s contribution to European “integration through law” over the past decades. The Basic Law’s openness to integration and to European Law is examined, as well as the co-operation between the Federal Constitutional Court and the European Court of Justice in the execution of European Union law and the protection of fundamental rights. The author provides a number of examples to show how the instruments of identity review andultra viresreview developed by the Federal Constitutional Court secure the agenda of European integration as agr

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Jafarov, Azer. "Nuremberg Tribunal as a symbol of the triumph of justice at a turning point in modern human history A.N. Savenkov. Nuremberg: A Verdict for name of Peace." Gosudarstvo i pravo, no. 6 (2023): 45. http://dx.doi.org/10.31857/s102694520025925-8.

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It would seem that today a huge number of works have been written about the Nuremberg Trials, in which various facets of this unique example of justice in the history of mankind are considered in great detail. But this is only at first glance, because after getting acquainted with the monograph of Professor A.N. Savenkov, it becomes obvious that it touches upon such layers of the International Military Tribunal that were not previously the subject of a special study. In addition, the publication of this remarkable book is justified by at least three more reasons. First, today many authors tend

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Stan, Lavinia. "Access to Securitate Files: the Trials and Tribulations of a Romanian Law." East European Politics and Societies: and Cultures 16, no. 1 (2002): 145–81. http://dx.doi.org/10.1177/0888325402016001006.

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We had a state. Then we had the Party to try to make the state work. Then we had the State Security to try to make the Party and state work. And still it didn't work. An East German quoted by Timothy Garton Ash, The File The relationship between the communist structures and the Securitate was similar to that between the brain and the hand. The brain was the Communist Party, the hand executing the orders was the Securitate. Senator Ioan Moisiu Romanian, Christian Democrat

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Mutiara Miyonita, Arfiani, and Feri Amsari. "Judicial Order Sebagai Penguatan Sifat Final Dan Mengikat Putusan Mahkamah Konstitusi Dalam Perkara Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum." Lareh Law Review 2, no. 1 (2024): 85–95. http://dx.doi.org/10.25077/llr.2.1.85-95.2024.

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The authority of the Constitutional Court in the judicial review against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is stated in Article 24C paragraph (3). One of the most frequently proposed judicial review is Law Number 7 of 2017 about General Elections (Election Law). The result of this review is the Constitutional Court's decision which is final, so no other legal action can be taken after the decision is issued. However, in reality the Constitutional Court's decision regarding the Judicial review of Election Laws experienced various problems in its execution which w

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Grakhotskiy, A. P. "The V. Schoeneman Case: Einsatzkommando 8, the Wehrmacht and the Holocaust." Lex Russica 74, no. 10 (2021): 113–24. http://dx.doi.org/10.17803/1729-5920.2021.179.10.113-124.

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In 1964, the trial of Werner Schoenemann, the commander of one of the 6 punitive units of the Einsatzkommando 8, took place in Cologne. The criminal was charged with mass executions of Jews on the territory of Belarus in late June — September 1941. The paper shows how the former Nazi tried to avoid criminal responsibility and what legal assessment by the German justice his atrocities received. V. Schoeneman denied his guilt and sought to shift responsibility for what he had done to the Wehrmacht troops. The defendant argued that the actions of extermination of Jews were carried out on the init

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Keiler, Johannes, and André Klip. "The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine." European Journal of Crime, Criminal Law and Criminal Justice 29, no. 3-4 (2021): 189–217. http://dx.doi.org/10.1163/15718174-bja10016.

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Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes a

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Asiryan, S. R., Y. V. Milonenko, and V. V. Prilipko. "Problems of execution of echr decisions in ukraine and ways to overcome them on the example of the federative republic of Germany." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 307–11. http://dx.doi.org/10.24144/2307-3322.2021.63.54.

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The article examines the history of the formation of the European Union, the adoption of the European Convention on Human Rights. The mechanism of protection of the main convention provisions, history and significance of its origin are analyzed. The authors conclude that the ECHR was originally a flexible catalog of universal human rights, most of which were declarative in nature, as they did not provide for a procedure to protect the implementation of substantive rules, but in developing this document the European Community the right of citizens to appeal against violations of their conventio

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KRAVCHUK, Ivan. "Application of control over crime commission and execution of special tasks to reveal criminal activities of organized groups or criminal organizations in organized crime investigations." Economics. Finances. Law 5/2025, no. - (2025): 12–18. https://doi.org/10.37634/efp.2025.5.2.

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The paper explores the simultaneous application of two types of covert investigative (detective) actions — control over the commission of a crime and execution of a special task to uncover the criminal activities of an organized group or a criminal organization. These instruments are key to combating organized crime, enabling the documentation of both executors and organizers. Their combined use is especially relevant in the context of the growing threat posed by organized criminal groups (OCGs) to public order, economic security, and public trust in law enforcement. The purpose of the paper i

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Gábriš, Tomáš. "The Legacy of Socialist Constitutionalism in Slovakia: The Right of the Slovak Nation to Self-Determination." Russian Law Journal 9, no. 2 (2021): 70–91. http://dx.doi.org/10.17589/2309-8678-2021-9-2-70-91.

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Albeit in 1918 the Slovak nation voluntarily became a “branch” of the single Czechoslovak nation and of the unitary Czechoslovak state, the connection with the Czechs was rather perceived as a strategic move until the Slovak nation develops its capacity for the execution of its own right to self-determination. In the context of Czechoslovakia being under pressure of Hitler’s Germany in 1938, Slovak autonomists managed to exploit the situation and Slovakia was granted autonomy within Czechoslovakia. Soon thereafter, in March 1939, an “independent” Slovak State was created, in fact being under d

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Pang, Luning. "The Re-engineering Path of Technical Investigation in China from the Perspective of Comparative Law." Journal of Higher Education Research 5, no. 6 (2025): 513. https://doi.org/10.32629/jher.v5i6.3250.

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With the rapid development of modern Internet technologies and high-tech innovations, technical investigation measures have emerged as a novel and effective means to solve major complex cases. However, due to the vagueness and absence of procedural legal regulations in the field of technical investigations, practical challenges, including difficulties in implementation and instances of unlawful practices, have arisen. To address these issues, this study takes the application of technical investigation measures and institutional procedures as its central focus. It begins with an examination of

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Ladewig, Silva H., and Lena Hotze. "The Slapping movement as an embodied practice of dislike." Recurrent Gestures 20, no. 2 (2021): 285–312. http://dx.doi.org/10.1075/gest.21013.lad.

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Abstract This paper introduces the Slapping movement as an embodied practice of dislike or meta-commentary recurring in conflictive situations between German children aged four to six (Hotze, 2019). Children move this way primarily in stopping a co-participant’s action and protesting against the action to be stopped. The Slapping movements documented showed different manners of execution. Some forms appeared to be very expressive, others were more schematic. Inspired by a phenomenological approach to gestures our analysis shows that the movement qualities show different degrees of communicativ

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GRACHEVA, Mariya V. "Budget planning in the context of the financial constitution of the Federal Republic of Germany: Current trends." Finance and Credit 31, no. 3 (2025): 149–62. https://doi.org/10.24891/fc.31.3.149.

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Subject. This article discusses the issues of implementation of the debt brake mechanism included in the Basic Law of the Federal Republic of Germany in 2009. Objectives. The article aims to consider the impact of the debt brake introduced into the budget planning process to improve the situation in public finances, i.e. reduce the debt burden and ensure a balanced budget without increasing borrowing. Methods. For the study, I used the logical and statistical analyses methods. Results. The article finds the positive effect of the debt brake in 2014–2019, the state of public finances during the

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Ohlin, Jens David. "Applying the Death Penalty to Crimes of Genocide." American Journal of International Law 99, no. 4 (2005): 747–77. http://dx.doi.org/10.2307/3396668.

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After the Rwandan genocide of 1994, the United Nations Security Council moved quickly to establish an international tribunal to indict the architects of the slaughter. Whether motivated by a sincere desire for international justice or a self-serving desire to assuage international guilt for the lack of significant military intervention, one thing is clear: the Security Council began a program that, when coupled with its establishment of the International Criminal Tribunal for the Former Yugoslavia, represented the most significant return to international criminal justice since the Allied prose

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Filatova, Maria. "Apology of Freedom: Book review: Nussberger A. The European Court of Human Rights. Oxford: Oxford University Press, 2020." Meždunarodnoe pravosudie 11, no. 1 (2021): 153–63. http://dx.doi.org/10.21128/2226-2059-2021-1-153-163.

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The subject of this review is the book written by a famous German legal scholar, Angelika Nussberger, whose name is well known to the Russian legal academic community. Professor Nussberger was a judge in respect of Germany at the European Court of Human Rights from 2011 to 2019, and Vice-President of the Court in 2017–2019. The book, published in Oxford University Press, is a part of their series “Elements of International Law”, which explains its structure and comprehensive approach to the subject. The book embraces all important relevant topics of the Court’s activities, from its conception

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Lv, Zitao, Miaomiao Pei, and Xiaokun Wang. "Localization Construction of Directors'Liability Insurance System." International Journal of Education and Humanities 10, no. 2 (2023): 172–77. http://dx.doi.org/10.54097/ijeh.v10i2.11591.

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As an insurance to reduce the company's business risks caused by directors' misconduct, the directors' liability insurance system has not fully demonstrated its function and shows signs of acclimatization. From the perspective of comparative law, the author examines the institutional background and functional evolution of directors' liability insurance in the United States, the former doubts and adaptations in the British law, and the continuation and evolution in the German law, which provides enlightenment for exploring the dilemma of directors' liability insurance system in China and the wa

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Salokhova, Sarvinoz. "IMPROVMENT OF ENSURING POST-PENITENTIARY ADAPTATION OF MINORS RELEASED FROM PENITENTIARY INSTITUTIONS." Jurisprudence 1, no. 6 (2021): 153–61. http://dx.doi.org/10.51788/tsul.jurisprudence.1.6./zqpr2804.

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In this article the author conducted the issues of the related to ensuring the post-penitentiary adaptation of minor convicts who have served a sentence of imprisonment and released from penitentiary institutions. In particular, the content and essence of the concept of post-penitentiary adaptation, the main goals and features of ensuring post-penitentiary adaptation of convicts released from penitentiary institutions are illuminated. Furthermore, the article analyzed the ongoing reforms in our country to ensure the social rehabilitation of convicts released from penitentiary institutions and

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Schieg, Martin. "The Development of an Electronic System for Contracts and the Execution of Building Work in Germany." Business: Theory and Practice 7, no. (3) (2006): 183–91. https://doi.org/10.3846/btp.2006.23.

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Public administrations are banking on electronic media to improve their processes, particularly in the field of construction due to the potential savings that are expected. With the project e-system for the award of public contracts the federal government is pursuing the aim of handling public procurement entirely over the internet. The legal requirements have been created in the form of the Digital Signature Act [Signaturgesetz] and the corresponding changes in the Regulations on Provisions for the Award of Public Contracts and the Official Contracting Terms for the Award of Contracts. The fo

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Breneselović, Luka. "Is a shop owner allowed to expel unwanted customers from his/her premises?" Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 119–46. http://dx.doi.org/10.5937/gakv93-28669.

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The aim of this paper is to try to correct the opinion present in the business practice of larger stores according to which the owners and users of business premises cannot expel unwanted customers / consumers from the facility. This question is currently relevant because of customers who refuse to wear protective face masks in supermarkets, pharmacies, and other stores. First, the paper demonstrates the importance of the concept of property as recognized in Serbian law, and afterwards the presentation is supplemented by comparative legal insights into foreign doctrine (the so-called privates

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Chaykina, A. V. "Application by courts of judgments of the constitutional court of the russian federation and the European Court of Human Rights in one case." Actual Problems of Russian Law, no. 3 (May 4, 2019): 125–33. http://dx.doi.org/10.17803/1994-1471.2019.100.3.125-133.

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The paper deals with the problem of the application by the courts of the Russian Federation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the same civil case. The problem is caused by the uncertainty of the hierarchy of these sources of law in terms of international and national law. The issue of non-fulfillment of ECtHR judgments was considered from the point of view of the provisions of the Vienna Convention on the Law of Treaties of 1969. The author analyzes foreign practice on the execution of judgments of the ECHR. In particul

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Haase-Kromwijk, Bernadette, Frans du Pré, and Bernard Cohen. "Organ Transplantation and European Community Law: The Case of Non-Residents." Journal of Health Services Research & Policy 2, no. 3 (1997): 168–73. http://dx.doi.org/10.1177/135581969700200308.

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Objectives: The role of the European Union in influencing health care policies in member states is of increasing importance. The Eurotransplant Foundation is an organization which provides donor organs to the most suitable transplant recipients. It covers a region of five countries (Austria, Belgium, Germany, Luxembourg, The Netherlands). As there is a severe shortage of donor organs within its region, registration of so-called non-resident patients on the waiting lists aggravates this shortage. Could European Community law, especially rules on competition, limit Eurotransplant's freedom to in

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Bufalini, Alessandro. "The Italian Nazi Crimes Reparations Fund and Judicial Protection: Navigating the Drawbacks of Judicial Responses to Mass Crimes." Italian Yearbook of International Law Online 33, no. 1 (2024): 335–45. http://dx.doi.org/10.1163/22116133-03301017.

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Abstract Reparations for mass crimes and systematic human rights violations are inherently complex endeavours and can be approached through various means. At the domestic level, a fundamental distinction can be made between judicial and administrative remedies, each with its own advantages and drawbacks. The present contribution focuses on the “Nazi Crimes Reparations Fund” established by the Italian government to provide redress to Italian victims or victims of crimes committed on Italian territory by the Third Reich during the period between 1 September 1939 and 8 May 1945. This Fund has a p

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Bachmann, Gregor. "“Volenti non fit inuria” - How to make a principle work." German Law Journal 4, no. 10 (2003): 1033–42. http://dx.doi.org/10.1017/s207183220001662x.

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The ancient Latin sayingvolenti non fit iniuria(loosely translated: if you consent you cannot complain) denotes a legal principle on a par with principles such aspacta sunt servandaornon concedit venire contra factum proprium. As a defence to tort claims well established in both the civil and the common law tradition, the phrase articulates an universal value that has never been seriously contested. Why, then, does a young German scholar devote a completehabilitation(professoral thesis) to the study of such an expression? The answer is clear: as with any general principle of law, the problems

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Katerusha, Dmytro. "Barriers to the use of recycled concrete from the perspective of executing companies and possible solution approaches - case study Germany and Switzerland." Resources Policy 73 (October 2021): 102212. http://dx.doi.org/10.1016/j.resourpol.2021.102212.

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Shesler, Alexander V. "Types of Criminal Acts." Vestnik Tomskogo gosudarstvennogo universiteta, no. 466 (2021): 255–60. http://dx.doi.org/10.17223/15617793/466/31.

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The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federa

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Vetoshkina, E. D. "Holocaust Denial: Social Conditionality and Comparative Analysis of Criminal Law Prohibition." Lex Russica, no. 11 (November 15, 2020): 129–38. http://dx.doi.org/10.17803/1729-5920.2020.168.11.129-138.

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From the second half of the 20th century the revisionist movement has spread among scientists, public and political figures. Publicists and scientists are known for criticizing the testimonies of concentration camp prisoners and their executioners, as well as denying the possibility of mass extermination of prisoners in terms of the technical capabilities of gas chambers.Attempts to reinterpret historical events often border on extremism and pose a threat to national security, leading to a significant deterioration in international relations. At the international level, a number of acts have b

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Terry, Patrick C. R. "Enforcing U.S. Foreign Policy by Imposing Unilateral Secondary Sanctions: Is Might Right in Public International Law?" International Organisations Research Journal 17, no. 1 (2022): 25–55. http://dx.doi.org/10.17323/1996-7845-2022-01-02.

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Following the United States’ unilateral withdrawal from the agreement between the five permanent UN Security Council members, the European Union, Germany, and Iran, that intends to stop Iran from acquiring nuclear weapons, the United States has re-imposed and tightened its sanctions against Iran. The United States’ renunciation of the agreement, despite the agreement’s UN Security Council approval and verified Iranian compliance, arguably violated international law. Nevertheless, the United States is attempting to compel the other state parties (and others) to follow its policy on Iran by thre

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Oliveira, Rafael Tomaz de. "In the belly of the Behemoth: a study of law and nonlaw in the context of "The Kindly Ones", by Jonathan Littell." ANAMORPHOSIS - Revista Internacional de Direito e Literatura 5, no. 1 (2019): 277–316. http://dx.doi.org/10.21119/anamps.51.277-316.

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This article is based on the novel “The Kindly Ones”, by Jonathan Littell, and its main objective is to explore the experiences of its main character, Maximilien Aue, a Nazi officer, an SS member, a jurist, and a juris doctor, who on several occasions assumed the condition of executioner in one of the Einsatzgruppen that acted in the rear of the German front during the War against the Soviet Union. This study seeks to explore the relationship of this character with a political regime marked by authoritarianism and the erosion of the legal forms that characterize a Rechtsstaat – metaphorized in

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Budianto, Agus, and Umar Ma�ruf. "Law Enforcement Against Transfer of Objects Fiduciary in Kudus Police." Jurnal Daulat Hukum 2, no. 1 (2019): 103. http://dx.doi.org/10.30659/jdh.v2i1.4214.

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The purpose is achieved in this research are: to know the mechanism of the occurrence of a credit agreement in the German Fiducia between Guarantees the lender with the leasing in the state law enforcement to know Grail in the event of a transfer of the object of the fiduciary guarantee in the region Police Resort of Kudus. To know the constraints in the legal enforcement of the related existence of a Fiduciary guarantee redirects object at Police Resort, and the solution for consumers.This research is the legal research approach or using Empirical Juridical also called as the Juridical Sociol

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