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Journal articles on the topic 'Independence Principle'

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Published: 4 June 2021
Last updated: 9 February 2022

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1

DANYLCHENKO, Vita. "Basic elements of the principle of advocacy independence." Economics. Finances. Law, no. 4/2 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(2).5.

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The paper considers the principle of independence in the activities of the bar as one of the fundamental organizational principles. Advocacy that is not given an adequate level of independence cannot live up to reasonable expectations of their performance. The relevance of the topic is that, only through the approval and proper observance of this principle, it is possible for the bar to properly exercise its powers. Particular attention is paid to the main elements of the principle of independence as meaningful components that allow a comprehensive study and determine the essence of this principle. The purpose of the work is to single out and fill in the content of individual components of the principle of independence. The principle of independence of the bar has been widely enshrined in national and international regulations. But, this necessity is due to the fact that the legislation interprets the principle of independence quite sharply and its components are considered only in the context of other provisions. In results, we propose to identify such basic elements as 1) independence from public authorities, local governments and the judiciary; 2) from their own interests; 3) availability of procedural guarantees; 4) the existence of legal secrecy; 5) independence from the client; 6) independence from business partners; 7) guarantees of lawyer's security and prosecution of persons violating the lawyer's independence; 8) functioning of bar self-government bodies. Proper adherence to the principle of independence of the bar is possible only under the condition of simultaneous regulation and proper functioning of all these components. This principle is decisive due to the public non-governmental nature of the Bar and its independence as a voluntary professional non-governmental association.
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2

Hamad, Ahmed M. A., Haslinda Binti Mohd Anuar, and Rohizan Binti Halim. "The Judiciary in Islamic Law, Palestinian Legislation, and Guarantees of Its Independence." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 1 (June 30, 2021): 1. http://dx.doi.org/10.22373/sjhk.v5i1.8927.

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The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary.
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3

Volovyk, S. V. "Principles of IP-Court Activity in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 116–23. http://dx.doi.org/10.32631/v.2020.2.11.

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The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine. The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity. The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial. The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy. It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.
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4

O'Neill, John. "Need, Humiliation and Independence." Royal Institute of Philosophy Supplement 57 (September 2005): 73–97. http://dx.doi.org/10.1017/s1358246100009152.

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The needs principle—that certain goods should be distributedaccording to need—as been central to much socialist andegalitarian thought. It is the principle which Marx famously takesto be that which is to govern the distribution of goods in the higherphase of communism. The principle is one that Marx himself tookfrom the Blanquists. It had wider currency in the radical traditionsof the nineteenth century. In the twentieth century it remainedcentral to the mutualist form of socialism defended by Tawney andTitmuss. The principle underlay the development and justificationof the modern welfare state—thus the National Health Service isstill founded upon the idea that the distribution of medicalresources should be determined by medical need, not by ability topay. One source of the power of the needs principle lies in the factthat it appears to be both a principle of justice and a principle ofcommunity or social solidarity. As a principle of justice it is offeredas a corrective to the particular forms of unequal distributions ofgoods that can result from market transactions, and as a principle ofcommunity or social solidarity as a corrective to the possessiveindividualism taken to be the corollary of a market order.
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5

O’Neill, John. "Need, Humiliation and Independence." Royal Institute of Philosophy Supplement 57 (December 2005): 73–98. http://dx.doi.org/10.1017/s1358246105057048.

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The needs principle—that certain goods should be distributed according to need—has been central to much socialist and egalitarian thought. It is the principle which Marx famously takes to be that which is to govern the distribution of goods in the higher phase of communism. The principle is one that Marx himself took from the Blanquists. It had wider currency in the radical traditions of the nineteenth century. In the twentieth century it remained central to the mutualist form of socialism defended by Tawney and Titmuss. The principle underlay the development and justification of the modern welfare state—thus the National Health Service is still founded upon the idea that the distribution of medical resources should be determined by medical need, not by ability to pay. One source of the power of the needs principle lies in the fact that it appears to be both a principle of justice and a principle of community or social solidarity. As a principle of justice it is offered as a corrective to the particular forms of unequal distributions of goods that can result from market transactions, and as a principle of community or social solidarity as a corrective to the possessive individualism taken to be the corollary of a market order.
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6

Lamalewa, Funnisia, and Elisabeth Lia Riani Kore. "Pemberdayaan Masyarakat Melalui Ekonomi Usaha Kerajinan Tangan Penyulaman Noken." JURNAL ILMU EKONOMI & SOSIAL 11, no. 1 (June 24, 2020): 1–9. http://dx.doi.org/10.35724/jies.v11i1.2846.

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The development of creative economy and encouraging community empowerment are the triggers of research which are expected to be able to describe the empowerment of Noken extension craftsmen with a focus on four key principles of empowerment development. This qualitative descriptive study involved informants using snowball sampling techniques, the results showed that empowerment did not work as it should and was not carried out in accordance with these principles, the failure to achieve the principle of equality supported by the justification of backing each party could participate as giving help to receive. The special program is designed from the executor of empowerment, designed by the community is still limited to mobilization so that it does not have the principle of participation. The principle of independence does not work because it is surrounded by a pattern of aid that does not support the form of independence and it is also realized that independence is only formed as a whole which begins with awareness, suspended with assistance, deferred with the assistance of craftsmen and deferred with craftsmen so that it can be done by delivering the economy. The implementation of this independence is not immediately approved for the release of assistance or in other words, the principle of sustainability is not implemented.
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7

Byrd, Michael, and Karel Lambert. "Meinong and the Principle of Independence." Philosophical Review 94, no. 3 (July 1985): 423. http://dx.doi.org/10.2307/2185015.

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8

Jacquette, Dale. "Meinong and the Principle of Independence." International Studies in Philosophy 20, no. 1 (1988): 92–93. http://dx.doi.org/10.5840/intstudphil198820133.

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9

Geyh, Charles Gardner. "Judicial Independence as an Organizing Principle." Annual Review of Law and Social Science 10, no. 1 (November 3, 2014): 185–200. http://dx.doi.org/10.1146/annurev-lawsocsci-110413-030849.

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10

Cato, Susumu. "Weak independence and the Pareto principle." Social Choice and Welfare 47, no. 2 (May 3, 2016): 295–314. http://dx.doi.org/10.1007/s00355-016-0960-5.

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11

Kurtulmuş, Faik. "Peer Disagreement and the Independence Principle." Beytulhikme An International Journal of Philosophy 11, no. 11:2 (January 1, 2021): 507–20. http://dx.doi.org/10.18491/beytulhikme.1595.

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12

Adonara, Firman Floranta. "Prinsip Kebebasan Hakim dalam Memutus Perkara Sebagai Amanat Konstitusi." Jurnal Konstitusi 12, no. 2 (May 20, 2016): 217. http://dx.doi.org/10.31078/jk1222.

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The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.
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13

Kampik, Timotheus, and Juan Carlos Nieves. "Abstract argumentation and the rational man." Journal of Logic and Computation 31, no. 2 (February 4, 2021): 654–99. http://dx.doi.org/10.1093/logcom/exab003.

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Abstract Abstract argumentation has emerged as a method for non-monotonic reasoning that has gained popularity in the symbolic artificial intelligence community. In the literature, the different approaches to abstract argumentation that were refined over the years are typically evaluated from a formal logics perspective; an analysis that is based on models of economically rational decision-making does not exist. In this paper, we work towards addressing this issue by analysing abstract argumentation from the perspective of the rational man paradigm in microeconomic theory. To assess under which conditions abstract argumentation-based decision-making can be considered economically rational, we derive reference independence as a non-monotonic inference property from a formal model of economic rationality and create a new argumentation principle that ensures compliance with this property. We then compare the reference independence principle with other reasoning principles, in particular with cautious monotony and rational monotony. We show that the argumentation semantics as proposed in Dung’s seminal paper, as well as other semantics we evaluate, with the exception of naive semantics and the SCC-recursive CF2 semantics, violate the reference independence principle. Consequently, we investigate how structural properties of argumentation frameworks impact the reference independence principle and identify cyclic expansions (both even and odd cycles) as the root of the problem. Finally, we put reference independence into the context of preference-based argumentation and show that for this argumentation variant, which explicitly models preferences, reference independence cannot be ensured in a straight-forward manner.
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14

Spruyt, Hendrik. "Civil Wars as Challenges to the Modern International System." Daedalus 146, no. 4 (October 2017): 112–25. http://dx.doi.org/10.1162/daed_a_00463.

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The current international system is based on Westphalian principles in which authority is defined territorially. Within this territory, the state has sole jurisdiction. Adherence to these principles has contributed to the decline of interstate war. Conversely, applying these principles and correlated norms to states that gained their independence after 1945 has contributed to civil conflicts. These norms are opaque, as is the case with the principle of self-determination; or they lock in an unstable status quo, as with uti possidetis, the principle that borders inherited at the moment of independence should always be maintained; or they are inconsistently applied and often violated, as with the principle of noninterference. Consequently, they provide poor guidelines as to when, and on which grounds, external intervention in civil wars might be warranted. I argue that the degree to which the combatants challenge Westphalian principles should guide policy responses. Furthermore, the international legal regime should reconsider uti possidetis. In some instances, partition might be a reasonable solution to civil wars.
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15

Permatasari, Putri. "Analysis How to Practice The Good Corporate Governance Principles of The Health Personnel In Puskesmas Cikulur, Lebak Banten Province." STRADA Jurnal Ilmiah Kesehatan 9, no. 2 (November 1, 2020): 1380–89. http://dx.doi.org/10.30994/sjik.v9i2.476.

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The application of Good Corporate Governance is believed to provide a strategic contribution in improving the performance of health personnel. The principles of GCG include transparency, accountability, responsibility, independence and fairness which are used in this study. This study aimed to analyze the relation between principles of GCG and the performance of health personnel at the Cikulur Primary Health Care. This study used a cross sectional design with 81 research samples consisting of health personnel. Based on the results of the study, principles of transparency, accountability, and independence in GCG significantly related to the performance of health personnel. While other variables such as the principle of accountability and independence are not related. In this research, suggested that in improving performance, all parties in the need to realize the importance of applying the principles of GCG, especially the principles of transparency, accountability and independence. Keywords: Performance, Good Corporate Governance, Health Personnel
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16

Zalta, Edward N. "Lambert, Mally and the Principle of Independence." Grazer Philosophische Studien 25 (1985): 447–59. http://dx.doi.org/10.5840/gps1985/8625/2620.

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17

Bjork, Robert A. "Independence of scientific publishing: Reaffirming the principle." American Psychologist 55, no. 9 (2000): 981–84. http://dx.doi.org/10.1037/0003-066x.55.9.981.

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18

Zalta, Edward N. "Lambert, Mally, and the Principle of Independence." Grazer Philosophische Studien 25, no. 1 (September 6, 1986): 447–95. http://dx.doi.org/10.1163/18756735-02501021.

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19

Pyrih, I. V., and I. R. Shynkarenko. "PRINCIPLES OF FORENSIC SCIENCE." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 221–30. http://dx.doi.org/10.32353/khrife.2018.24.

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Analysis of the scientific opinions allowed formulating principles of forensic expertology as an independent science that is the basis of forensic expert activity. Principles of forensic expert activity are highlighted, their correlation with scientific principles is determined. Contents of each principle are disclosed and own understanding of advisability of their application is presented. The basic principles of forensic expertology are determinism, objectivity and systemacy. The principle of determinism embracing the principle of historicism consists in examining the subject of forensic expertology from the point of view of dialectical interconnection regularities and interconditionality of processes arising while performing expert research. The principle of objectivity consists in establishing regularities of forensic expertology solely on the basis of the object research using special knowledge, regardless of social, political and other processes that occur in society. The systemacy of forensic expertology, like any other science, consists in considering its separate components as a single whole, a system of knowledge. On the basis of legislation analysis and scientific opinions, authors determined that the principles of forensic expert activity are also legality and independence. The principle of legality is that officials who are subjects of expert activity are obliged to meet legislation requirements in strict conformity with their content. The principle of expert independence should be understood as absence of interference in him activities of any other person. Analyzing principles of forensic science, authors come to the conclusion about pointlessness of fixing of principles of expert activity in legislative acts, namely in the Аrt. 3 Laws of Ukraine «On forensic science». Principle of legality is stopped up in Constitution of Ukraine, procedural norms expert activity is expounded in many Codes and Laws of Ukraine. Superfluous duplication in this case is unnecessary.
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20

Broberg, Morten. "The Humanitarian Law Principle of Independence Versus the European Union’s Missionary Principle." Yearbook of European Law 36 (January 1, 2017): 810–28. http://dx.doi.org/10.1093/yel/yex002.

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21

Proleiev, Sergii. "Social drama of independence." Filosofska dumka (Philosophical Thought) -, no. 3 (September 7, 2021): 64–78. http://dx.doi.org/10.15407/fd2021.03.064.

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The article analyzes the problem of Ukraine's development since independence. A comparison of the way of organizing social reality in modern Ukraine and in the Soviet period is carried out. The main regulatory factor in the life of Soviet society was the principle of domination. Ukraine has inherited the principle of domination and retains its leading role in the current social order. Its various manifestations that determine the structure of Ukrainian society, in particular the growth of the bureaucratic class and bureaucratic pressure on all spheres and sections of life, are analyzed. The dominance of bureaucracy contains latent violence, feeds corruption and minimizes social dynamics. It is also a phenomenon of power rent, which finds its expression in a kind of "privatization of the state." Another universal effect of the principle of domination is the doubling of social reality into apparent and hidden. The apparent reality becomes a space for the existence of ordinary citizens and the implementation of legal procedures, while the hidden one contains a system of real circulation of power, which is not regulated by any legal regulations, instead, controls all movements of the social body. The systemic role in the hidden society is played by cliques — informal groups of influential people who really control the course of events. The con- sequence of the principle of domination is the passivity and marginalization of the Ukrainian citizen, associated with the defect of political participation. Such non-participation in power is embodied in such forms of consciousness as hope, liking, and despair. Today, independence is not a given, but a chance that must be realized. The way to this is through the restoration of the role of the people as a sovereign power and the development of non-dominant regulatory factors of sociality.
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22

Pratama Giri, Gede Rudi Harta, and Ni Luh Supadmi. "Pengaruh Penerapan Prinsip GCG pada Persepsi Kualitas Informasi Keuangan PERUMDA Air Minum Tirta Sewaka Darma." E-Jurnal Akuntansi 30, no. 2 (February 17, 2020): 293. http://dx.doi.org/10.24843/eja.2020.v30.i02.p02.

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The purpose of this study is to empirically assess the principle of transparency, accountability, accountability, independence and fairness/equality. This research was conducted at PERUMDA Air Minum Tirta Sewaka Darma with a quantitative approach that is in the form of associative. This research uses primary data of secondary data. A population of 340 employees and samples were selected using the purposive sampling technique of 56 employees. Data analysis techniques are double linear regression. Based on the results shows that transparency, accountability, responsibility, independence and fairness/equality influence positive and significant to the quality of financial information. Keywords: Transparency; Accountability; Responsibility, Independency; Fairness.
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23

Tahliani, Hani. "Contribution of Good Governance Principles to Strengthening Zakat Management in Indonesia: Confirmatory Factor Analysis." International Journal of Zakat 3, no. 3 (November 25, 2018): 39–54. http://dx.doi.org/10.37706/ijaz.v3i3.94.

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Good governance is a crucial issue in strengthening the performance of zakat institutions. This research aims to elaborate good governance from the perspective of Islam and analyze the factors contributing to good corporate governance in a number of zakat institutions in Indonesia. Confirmatory Factor Analysis (CFA) is employed to measure the contribution of each indicator to the five principles of good governance in zakat institutions, namely transparency, accountability, responsibility, independence, and fairness. With the assistance of Partial Least Squares (PLS) version 3 it is shown that the principle of transparency contributes 60.4%; the principle of accountability 4.82%; the principle of responsibility 6.41%; and the principle of independence 53.3%. Therefore, it can be concluded that good governance in zakat institutions has been well implemented in some aspects but has not yet been implemented comprehensively. This research is significant in that it contributes guidelines on zakat management, provides teaching materials for higher education, and serves as a reference for the formulation of policies and regulations related to the standardization of good governance in zakat institutions.
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24

Karev, D. A., and A. P. Korobova. "Principles of independence of local governments as a special-legal principle of law." Право и государство: теория и практика, no. 11 (2020): 50–52. http://dx.doi.org/10.47643/1815-1337_2020_11_50.

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25

KITAJIMA, Yuichiro. "Reichenbach's Pre-Common Cause Principle and Logical Independence." Journal of the Japan Association for Philosophy of Science 36, no. 1 (2009): 1–7. http://dx.doi.org/10.4288/kisoron.36.1_1.

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26

Nika, Pamela. "The ECB’s Independence and the Principle of Separation." European Journal of Law Reform 22, no. 3 (November 2020): 237–65. http://dx.doi.org/10.5553/ejlr/138723702020022000006.

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27

Saunders, Ben. "Scottish Independence and the All-Affected Interests Principle." Politics 33, no. 1 (October 23, 2012): 47–55. http://dx.doi.org/10.1111/j.1467-9256.2012.01452.x.

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28

Cohen, Michèle, and Jean-Yves Jaffray. "Is savage's independence axiom a universal rationality principle?" Behavioral Science 33, no. 1 (January 1988): 38–47. http://dx.doi.org/10.1002/bs.3830330104.

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29

Тиунов, Олег, and Olyeg Tiunov. "Sovereign Equality of States in the System of Basic Principles of International Law." Journal of Russian Law 2, no. 5 (April 16, 2014): 5–21. http://dx.doi.org/10.12737/3457.

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In the article have defined of the role of the principle of the sovereign equality of the states in the system of the principles of international law. The contemporary of the signs of the sovereign equality became aparent the grand total of the development of the international law. Its substance development was under the influence of the different history formations. The Charter of the United Nations there is the basic document of the contemporaneity in which has sealed the principle of the sovereign equality of the states as the part of the system of the principals the modern international law. The legal signs of the sovereignty appears on the supreme sovereignty within the limits of the state, and they must be independence of the state in the international relations. The basic principles of international law there are interdependence. They must be conform to the context each other.
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Karpinska, Nataliia. "Principles of application sanitary and phytosanitary measures: WTO and EU requirements." Law and innovative society, no. 2 (15) (January 4, 2020): 128–34. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-20.

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Problem setting. The study highlights the basic principles that reflect the basic principles of regulating the application of sanitary and phytosanitary measures under WTO law through the prism of EU requirements: the principles of independence, non-discrimination, scientific validity, national treatment, most-favored-nation treatment, transparency, harmonization. Target of research. The main target of this research is to analyze the principles that reflect the basic principles of regulating the application of SPS under WTO law: the principles of independence, non-discrimination, scientific validity, national treatment, most-favored-nation treatment, transparency, harmonization and their extrapolation into EU law. Analysis of recent researches and publications. The following scientists were engaged in research of issues: V. Nosik, A. Stativka, A. Dukhnevych, H. Grigorieva, G. Mamyshov, S. Komendantov, N. Chuiko, T. Gulyaeva, M. Popov, A. Popova and others. Article`s main body. Considering that the legal principles of application of sanitary and phytosanitary measures, which are provided by WTO law, are binding on Ukraine and the EU, and they are based on domestic and European legislation in this area, as well as noting that their direction and content these principles are heterogeneous, they are divided into two groups: the principle of independence (the principle of sovereignty) and anti-protectionist principle. The principles of the second group are aimed at a single goal – to restrict the sovereign freedom of the state to decide on sanitary and phytosanitary measures in its territory or sanitary and phytosanitary measures on products that enter (import) into its territory. In the system of anti-protectionist principles of WTO law, the basic component (principle of non-discrimination), regime component (principles of national regime and most-favored-nation regime), information component (principle of transparency) and substantive component (principles of scientific substantiation and harmonization) are singled out. Developed and politically strong countries, taking into account their own economic, social, environmental and other risks, choose different strategies to protect their own interests, among which the most popular is the strategy of increasing the requirements for sanitary and phytosanitary measures on the basis of scientifically sound data. Conclusions and prospects for the development. The legal principles of application of sanitary and phytosanitary measures, which are provided by WTO law, are binding on Ukraine and the EU, and are based on domestic and European legislation in this area. The conclusion that the most popular are: the strategy of increasing the requirements for sanitary and phytosanitary measures on the basis of scientifically based data and the politically sound decision to ignore some requirements and anti-protectionist principles is substantiated.
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Prechal, Sacha. "Effective Judicial Protection: some recent developments – moving to the essence." Review of European Administrative Law 13, no. 2 (July 24, 2020): 175–90. http://dx.doi.org/10.7590/187479820x15930701852319.

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This article looks briefly into the evolution of the principle of effective judicial protection in EU law and into the relationship between the different manifestations of that principle, which is by now given expression in Article 47 CFR, Article 19 TEU and various provisions of secondary law. Next, it focusses on recent developments in the case law of the Court of Justice of the EU, which concern two central aspects of the principle of effective judicial protection: the compliance with court judgments and the independence of the judiciary. As far as the first topic is concerned, two rather extreme cases addressed the issue what should be done, as a matter of EU law, in situations where a public authority refuses to comply with a final judicial decision. Then the article continues by discussing the independence of the judiciary as a key rationale for the principle of effective protection. In particular, it summarizes the increasingly detailed requirements to be satisfied in order to protect the independence of judges and indicates how an alleged lack of independence should be assessed in a concrete case.
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32

Aung, Nge Nge. "Principle of Irremovability of Judges: Judicial Independence in Hungary." Journal of Education Culture and Society 10, no. 2 (September 2, 2019): 293–98. http://dx.doi.org/10.15503/jecs20192.293.298.

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Argument Principle of irremovability of judges is a norm of judicial independence not only in the EU framework but also in the international level.Judges of the Supreme Courts or the Constitutional Court are still removed even in the modern and developed countries. It is deeply related to the lack of independence of the judiciary in Europe and beyond Europe too. Results and Conclusion The results of the work can be applied in some countries that have not linked each other with regional integration policy ( like Myamar and ASEAN Countreies). The functions of the Constitutional Court are needed to be updated to protect the fundamental rights effectively in national level and the judiciary should be free from the influence of the legislature and the executive. Cognitive value To learn the best solution for the reconcilement among the three great branches of the government, especially to respect the independence of the judiciary and the principle of irremovability of judges widely accepted as not only international standards but also EU noem.
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33

Kulava, Mariіa Konstantinovna. "PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 13 (August 27, 2018): 69–77. http://dx.doi.org/10.31618/vadnd.v1i13.135.

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Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.
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34

Hyvärinen, Aapo, and Patrik Hoyer. "Emergence of Phase- and Shift-Invariant Features by Decomposition of Natural Images into Independent Feature Subspaces." Neural Computation 12, no. 7 (July 1, 2000): 1705–20. http://dx.doi.org/10.1162/089976600300015312.

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Olshausen and Field (1996) applied the principle of independence maximization by sparse coding to extract features from natural images. This leads to the emergence of oriented linear filters that have simultaneous localization in space and in frequency, thus resembling Gabor functions and simple cell receptive fields. In this article, we show that the same principle of independence maximization can explain the emergence of phase- and shift-invariant features, similar to those found in complex cells. This new kind of emergence is obtained by maximizing the independence between norms of projections on linear subspaces (instead of the independence of simple linear filter outputs). The norms of the projections on such “independent feature subspaces” then indicate the values of invariant features.
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35

Philipp, Tewes, Seele Roman, Graff Emilio, and Wygnanski Israel. "IL01 CONTROL OF SEPARATION ON SWEPT BACK WINGS IN VIEW OF THE BOUNDARY LAYER INDEPENDENCE PRINCIPLE." Proceedings of the International Conference on Jets, Wakes and Separated Flows (ICJWSF) 2013.4 (2013): _IL01–1_—_IL01–12_. http://dx.doi.org/10.1299/jsmeicjwsf.2013.4._il01-1_.

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36

Muharremi, Robert. "Kosovo's Declaration of Independence: Self-Determination and Sovereignty Revisited." Review of Central and East European Law 33, no. 4 (2008): 401–35. http://dx.doi.org/10.1163/157303508x339689.

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Abstract In this article, the author analyzes the implications of Kosovo's declaration of independence on state sovereignty and the principle of self-determination of peoples. He begins with an outline of the political process leading to the declaration of independence and the reactions of the international community thereto in which he also presents the various legal arguments raised for and against the lawfulness of Kosovo's secession from Serbia. The author continues with a discussion of whether the principle of self-determination of peoples does apply in the Kosovo case and whether the operation of this principle would justify a 'remedial secession'. Subsequently, he analyzes whether UN Security Council Resolution 1244 may be a legal barrier to Kosovo's independence to the extent that Serbia does not consent to such independence. Finally, in view of the extensive powers vested in the new international presence following Kosovo's declaration of independence, he discusses whether Kosovo fulfills the criteria of effective government and independence for being a state under general international law. The author concludes that international law remains controversial as to questions pertaining to conflicts between state sovereignty and self-determination of peoples and particularly to 'remedial secession', and that it is still too early to determine the impact of the Kosovo case on the development of international law.
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37

Dewi, Made Yunita Chandra, and I. Ketut Yadnyana. "Penerapan Prinsip Good Corporate Governance pada Kinerja Berbasis Balanced Scorecard di LPD Kabupaten Badung." E-Jurnal Akuntansi 31, no. 5 (May 25, 2020): 1263. http://dx.doi.org/10.24843/eja.2021.v31.i05.p14.

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Good corporate governance (GCG) is a system to regulate the structure and mechanism so that it can drive the efficiency and performance of the company. This study aims to determine the effect of GCG on the performance of the balanced scorecard based on the LPD in Badung. Proxies used are GCG principles consisting of transparency, accountability, responsibility, independence and fairness. Sampl are 72 LPD in Badung. primary data with questionnaires are used and analyzed by multiple regression. The results indicate that the application of the principle of responsibility has a significant effect, while the principles of transparency, accountability, independence, and reasonableness do not have a significant effect on performance based on the Balanced Scorecard. Keywords: Good Corporate Governance Principles; Performance Based Balanced Scorecard.
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38

Astiti, Sriti Hesti. "PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN." Jurnal Hukum dan Peradilan 5, no. 2 (April 16, 2018): 277. http://dx.doi.org/10.25216/jhp.5.2.2016.277-298.

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This article aimed to criticize the juridical basis of the scope of crime mentioned on Law Number 37 of 2004, focuses on the criminal responsibility of a Curator based on independence principle of Bankruptcy Law. Essentially, bankruptcy is a part of Civil Law. However, some bankruptcy cases eventually evolve into criminal matters when a Bankruptcy Curator who is responsible for handling and administering bankruptcy case is positioned as Defendant charged with conducting criminal acts. As stated in Article 234 verse (2) of Law Number 37 of 2004, a Curator who is proven not independent during bankruptcy court may be charged with Criminal Law.Keywords: Curator, Bankruptcy, Principle of Independency, Criminal Responsibility
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39

Cungang, Wang. "Diplomatic transformation and developing a new type of international relations: A perspective to observe and understand new China's diplomacy." Napredak 2, no. 2 (2021): 39–50. http://dx.doi.org/10.5937/napredak2-32692.

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Since 1949, diplomacy of the People's Republic of China has successively undergone transformation for three times, namely diplomacy of establishing the PRC, diplomacy of enriching the country and major-country diplomacy. Developing a new type of international relations is an effective way to achieve diplomatic transformation of New China, but its connotations vary with different periods of history. During the two turnarounds from 1949 to 2012, New China's diplomacy, which holds up the Principle of Independence and Five Principles of Peaceful Coexistence, took shape in the practice of developing a new type of international relations. The former principle have played an important role in safeguarding China's sovereignty and dignity, protecting national security and promoting the country's development. The latter became basic norm of international relations and basic principle of international law due to its openness and inclusiveness. Since the 18th CPC National Congress, in face of profound changes unseen in a century and a new posture for China to increasingly move toward the center of the world arena, President XI Jinping made great endeavors to promote major country diplomacy with Chinese characteristics, and actively touched upon building a new type of international relations featuring mutual respect, fairness, justice, and win-win cooperation, which innovates on and develops the Principle of Independence and Five Principles of Peaceful Coexistence, as well as pushes forward the world multi-polarization process and the building of a community with a shared future for mankind.
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40

Borzov, Andrey B., and Grigory L. Pavlov. "The Use of Simulation Tools in the Development and Design of Near-Location Systems." ITM Web of Conferences 35 (2020): 04005. http://dx.doi.org/10.1051/itmconf/20203504005.

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Based on the principles of didactics, the role of student activity and independence in the learning process is shown. The approaches are determined and the place of simulation modeling in the development and design of systems is shown. Examples of modeling systems are given. Special attention is paid to the principle of controlled independent work of the student.
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41

Sugihara, Kokichi. "Robust geometric computation based on the principle of independence." Nonlinear Theory and Its Applications, IEICE 2, no. 1 (2011): 32–42. http://dx.doi.org/10.1587/nolta.2.32.

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42

Wygnanski, Israel, Philipp Tewes, and Lutz Taubert. "Applying the Boundary-Layer Independence Principle to Turbulent Flows." Journal of Aircraft 51, no. 1 (January 2014): 175–82. http://dx.doi.org/10.2514/1.c032206.

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43

Hernández, J. A., and J. Fischbarg. "The "independence principle" in the processes of water transport." Biophysical Journal 67, no. 4 (October 1994): 1464–72. http://dx.doi.org/10.1016/s0006-3495(94)80620-4.

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44

Henning, Grant. "Meanings and implications of the principle of local independence." Language Testing 6, no. 1 (June 1989): 95–108. http://dx.doi.org/10.1177/026553228900600108.

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45

D'Ariano, Giacomo Mauro. "No-signalling, dynamical independence and the local observability principle." Journal of Physics A: Mathematical and Theoretical 40, no. 28 (June 27, 2007): 8137–45. http://dx.doi.org/10.1088/1751-8113/40/28/s19.

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46

Jerabek, E. "On Independence of Variants of the Weak Pigeonhole Principle." Journal of Logic and Computation 17, no. 3 (March 21, 2007): 587–604. http://dx.doi.org/10.1093/logcom/exm017.

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47

Coban, Ceyhun, and M. Remzi Sanver. "Social choice without the Pareto principle under weak independence." Social Choice and Welfare 43, no. 4 (March 15, 2014): 953–61. http://dx.doi.org/10.1007/s00355-014-0812-0.

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48

SILVER, DAVID. "Defending the independence constraint: a reply to Snider." Religious Studies 44, no. 2 (May 2, 2008): 203–7. http://dx.doi.org/10.1017/s0034412507009316.

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AbstractIn an earlier paper I argued that Alvin Plantinga's defence of pure experiential theism (a theism epistemically based on religious experience) against the evidential problem of evil is inappropriately circular. Eric Snider rejects my argument claiming first that I do not get Plantinga's thought right. Second, he rejects a key principle my argument relies on, viz. the ‘independence constraint on neutralizers’. Finally, he offers an alternative to the independence constraint which allows the pure experiential theist to deal successfully with the evidential problem of evil. In this paper I argue that: (a) I have correctly characterized Plantinga's argument; and (b) that Snider's proposed counter-example to the independence constraint fails. Finally, I argue (c) that Snider's proposed alternative to the independence constraint is not a plausible epistemic principle.
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49

Demichev, Alexey A. "Principles of the civil procedural legislation of Russia in the second half of the 19th century." Current Issues of the State and Law, no. 18 (2021): 214–25. http://dx.doi.org/10.20310/2587-9340-2021-5-18-214-225.

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Based on the positivist understanding of law principles, we analyze the legislation of the Russian Empire, which normatively enshrines the principles of civil procedural law. We substantiate the position that in the pre-revolutionary doctrine there were certain ideas about the principles of civil procedural legislation, however, a special analysis of normative acts with the aim of identifying them was not carried out. We highlight the features of pre-revolutionary scientists work – specialists in the field of civil procedural law, namely: theorization, reasoning about the principles of civil procedure “in general” as some universal ideas in isolation from the real analysis of the Charter of civil procedure, “inscribing” of Russian civil procedural law in the European context and as a consequence of this, the use of a wide range of foreign literature. Based on the analysis of the Charter of Civil Procedure of 1864 and the Nominative Decree given to the Senate “On the Establishment of Judicial Regulations and on the Judicial Charters” dated November 20, 1864, we substantiate and conclude that seven principles of civil procedural law were enshrined in the legislation of the Russian Empire: 1) principle of independence of judges; 2) principle of equality of all before the court; 3) adversarial principle; 4) principle of humanism; 5) principle of justice; 6) principle of publicity; 7) principle of speedy proceedings (principle of considering a case on the merits in no more than two instances).
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50

Mulyana, Agus. "Dampak Tata Kelola Lembaga Terhadap Kinerja Lembaga di PPSDM Aparatur." JURNAL APARATUR 4, no. 1 (February 24, 2021): 22–30. http://dx.doi.org/10.52596/ja.v4i1.18.

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The aim of this study was to determine how well the implementation of the principles of the governance institution and its relation to the performance on PPSDM Aparatur. The principles of governance is the principle of transparency, independence, accountability, responsibility, and fairness. The method used in this research is quantitative research methods. In assessing the implementation of the principles ofgovernance institutions and its effect on performance, the authors uses quetionare as a primary data. The analysis results of the implementation of governance institution on PPSDM Aparatur based on questionnaires reached 74.2 percent and the results of the dependent variable performance scores 76 percent, both are included good category. The partial results of hypothesis testing showed that each independent variable on the dependent variable affects the performance of the institution. Variables affectthe principle of transparency by 73.8%, amounting to 72.9% the independence principle, the principle of accountability by 84%, amounting to 95.6% accountability principle, and the principle of fairness by 79.9%. And the influence of the independent variable most dominant or most influence on the performance of the institution is the responsibilityvariables. ABSTRAKTujuan dari penelitian ini adalah untuk mengetahui seberapa baik implementasi prinsip-prinsip tata kelola lembaga dan hubungannya terhadap kinerja pada PPSDM Aparatur. Prinsip-prinsip tata kelola yang digunakan adalah yakni prinsip keterbukaan, kemandirian, akuntabilitas, pertanggungjawaban, dan kewajaran. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian kuantitatif. Dalam menilai implementasi prinsip- prinsip tata kelola lembaga dan pengaruhnya terhadap kinerja, penulis menggunakan kuesioner sebagai data primer. Hasil implementasi tata kelola lembaga di PPSDM Aparatur berdasarkan kuesioner mencapai 74.2 persen dan hasil dari variabel terikat kinerja mendapatkan nilai 76 persen, keduanya termasuk dalam kategori baik. Adapun hasil uji hipotesis secara parsial menunjukan bahwa setiap variabel independen berpengaruh terhadap variabel dependen kinerjalembaga.Variabel prinsip keterbukaan berpengaruh sebesar 73.8%, , prinsip kemandirian sebesar 72.9 %, prinsip akuntabilitas sebesar 84 %, prinsip pertanggungjawaban sebesar 95.6 %, dan prinsip kewajaran sebesar 79.9 %. Dan pengaruh variabel independen yang paling dominan atau paling besar pengaruhnyaterhadap kinerja lembaga adalah variabel pertanggungjawaban.
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