Auswahl der wissenschaftlichen Literatur zum Thema „The consultation document on the new Civil Procedure Code“

It is now some 4 years since the New South Wales Roads and Traffic Authority (RTA) interim noise policy was released. The document sets out RTA policies on traffic noise along with guidelines relating to assessment and control. It is perhaps the most extensive document on the topic ever produced by an Australian road authority. The underlying philosophy of the policy is the importance of noise as an issue that must be addressed in all aspects of RTA road planning, design, construction, maintenance, and operation programs. Some recent advances in the traffic noise arena are considered. A spatial decision support system is then outlined for road planning that has been developed as part of an Australian Research Council industry collaborative research grant involving RTA and the University of New South Wales. This is built on object-oriented programming and geographic information system technologies and involves a library containing models in eight domains amounting to 33,000 lines of code. The noise estimation procedure included in this system is described together with how it has been adapted and implemented in an object-oriented way. Speculation is made on how the prototype may be integrated into the emerging corporate responsibilities of RTA in the area of communication and consultation.

The Plan for the New Civil Code and the project for the establishment of the Codification Commission prepared for the Civil Reform Committee (1814–1815). Historical Source Edition As part of the source publication series begun in the second fascicle of the twelfth volume of Krakowskie Studia z Historii Państwa i Prawa [Krakow Studies in History of State and Law], we are publishing this time documents related to the preparation of the Civil Reform Committee, which operated in 1814–1815, to develop a new national civil code to replace the Napoleonic Code: 1. Wstęp przy wprowadzeniu planu do kodeksu cywilnego [Introduction to the Plan of Implementation of the Civil Code], 2. Plan Bieńkowskiego do nowego kodeksu cywilnego [Bieńkowski’s Plan for the New Civil Code], 3. Projekt Linowskiego do uformowania komisji mającej wygotowaćKsięgęprawa cywilnego i procedury [Linowski’s Plan for Forming a Commission to Prepare a Book of Civil Law and Procedure] and fragments of minutes of the Civil Reform Committee sessions regarding this draft. Source material on matrimonial law published in two last issues of the „Krakow Studies”in 2019 differed from the documents published in this fascicle because they were intended to serve only a partial reform of the Napoleonic Code envisaged for a temporary period, until a new civil code was developed. Antoni Bieńkowski presented his Plan for Implementation of the Civil Code at the session held on 20th November, 1814, less than a month after presenting the drafts of matrimonial law to the Civil Reform Committee (23rd October). The introductory part of the Plan presents the general assumptions regarding the works. They are followed by a list of the planned chapters and a justification of the adopted order. The actual Plan itself (second document) lists the same titles of chapters, along with the issues that should be regulated in a given place, and then it indicates where the models to follow could be sought. The debate related to the presentation of Bieńkowski’s Plan and the scope of activities in this field entrusted to the Committee by Emperor Alexander, took place at sessions held from 17th to 24th November. It ended with the preparation of Aleksander Linowski’s Plan for Forming a Commission to Prepare a Book of Civil Law and Procedure on 27th November. This document planned three stages of codification works: first, a 9-member commission was to draft both codes, and then departmental deputies were to work on them (first personally, and then representatives of them, with some Committee members). The last stage of preparatory works was to be comprised of meetings of five senators and members of the Council of State with selected Committee members and a representatives of departmental deputies.

The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.

<p>The main objective of this article is to stress and to prove that the Latgalian national identity is the only national identity for a lot of citizens of Latvia and it is not the second or the additional identity that may be attributed only to secret service men inter alia.</p><p>My personal studies of official sources, literature and correspondence with officials of state institutions, etc. are at the basis of this article.</p><p>National identity is the person’s identity and sense of belonging to one state or to one nation, a feeling one shares with a group of people, regardless of one’s status of citizenship.</p><p>National identity is not inborn trait; various studies have shown that a person’s national identity is a direct result of the presence of elements from the „common points” in people’s daily lives: national symbols, language, national colours, the nation’s history, national consciousness, culture, music, cuisine, radio, television, etc.</p><p>There are cases where national identity collides with a person’s civil identity. For example, many Israeli Arabs associate themselves or are associated with the Arab or Palestinian nationality, while at the same time they are citizens of the state of Israel, which is in conflict with the Palestinians and with many Arab countries.</p><p>There are also cases in which the national identity of a particular group is oppressed by the government in the country where the group lives. A notable example was in Spain under the authoritarian dictatorship of Francisco Franco (1939–1947) who abolished the official statute and recognition for the Basque, Galician, and Catalan languages for the first time in the history of Spain and returned to Spanish (Castillian) as the only official language of the State and education, although millions of citizens of Spain spoke other languages.</p><p>During the first independence period of Latvia in the thirties, the schools of Latgale used Latgalian as the language of instruction during the first four years, Latgalian language was taught as a subject starting with the third year twice a week. After the coup d’état on May 15, 1934 the Latgalian textbooks were withdrawn from use and even burnt.</p><p>There is enough evidence to prove that the Latvian nationalist elite was very unwilling to accept the spread of Latgalian both during the first period of independence and the multinational Soviet rule. The positive expression of one’s national identity is patriotism, and the negative is chauvinism.</p><p>Latgalians are an autochthonous people living mostly in the eastern part of the contemporary Latvia. As regards Latgalian (it has been named in different ways – language, dialect, subdialect, foreign language, but it does not change the essence of the phenomenon) various resolutions, decrees etc. have been passed and adopted.</p><p>Participants of the 2nd Conference on Latgalistics (Rezekne, October 17, 2009) adopted the resolution „On the Status of a Regional Language to Be Attributable to the Latgalian Language”.</p><p>In accordance with the new Official Language Law enacted on September 1, 2000 the official language in Latvia is the Latvian language. Section 3 Paragraph 4 of the Law prescribes: „The State shall ensure the maintenance, protection and development of the Latgalian written language as a historic variant of the Latvian language.” However, it is a very formal statement. Strange as it may sound but the Senate of the Supreme Court of the Republic of Latvia has adopted a decision (August 18, 2009, Case No. A42571907 SKA-596/2009): „The Senate concludes that in the first sentence of Article 4 of the Satversme (the Constitution – J. C.) of the Republic of Latvia the concept „The Latvian language” means the Latvian literary language. It is the official language for the purpose of Section 110 of the Administrative Procedure Law. From the conclusion that for the purpose of Section 110 Paragraph I of the Administrative Procedure Law the official language is the Latvian literary language it follows that other subdialects or languages for the purpose of Section 110 Paragraph II of the Administrative Procedure Law are foreign languages and a document drafted in the Latgalian literary language is to be acknowledged as a document drafted in a foreign language. This decision is not to be appealed against.”</p><p>It took the Latgalian enthusiasts (I am one of them) seven years (2003–2010) to get the individual code for the Latgalian language. ISO 639/Joint Advisory Committee (Library of Congress, Washington) has finally attributed the code, namely, LTG.</p><p>Hopefully the Latgalian identity will not be swept away and this only identity for a lot of citizens of Latvia will be fought for and preserved also in the shadow of the so-called majority.</p>

Action for retrial and for nullity Abstract This diploma thesis presents two institutes of Czech civil procedural law - an action for retrial and an action for nullity. Both actions are considered extraordinary remedies under Czech law and both can challenge a final court decision. An action for retrial serves to rectify defects in factual findings; an action for nullity serves to rectify procedural defects. Specific court decisions of the district, regional, and high courts are demonstrated in the thesis and prove that despite the scarce employment, the position of the actions within the legal system is justified and deserved. Both actions can further be found, slightly modified, in the upcoming new Civil Procedure Code, which should in the future replace the current Civil Procedure Code. The thesis presents several partial aims and one main aim. The partial aims are to introduce to the reader the actions for retrial and for nullity, to analyse their frequency and the reasons for which the actions were granted, and to make a comparison of Czech and Swedish civil procedural law. Fulfilling the partial aims accomplishes the main goal of the thesis: to provide a critical analysis of the substantive intent of the Civil Procedure Code based on the acquired knowledge. The diploma thesis is divided into six...