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Journal articles on the topic 'Legal status and laws'
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1
Zhylkichieva, K. S., A. A. Kalybaeva, and G. Zh Koshokova. "MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY." BULLETIN 2, no. 390 (April 15, 2021): 250–55. http://dx.doi.org/10.32014/2021.2518-1467.77.
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The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.
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Kercher, Bruce. "Many Laws, Many Legalities." Law and History Review 21, no. 3 (2003): 621–22. http://dx.doi.org/10.2307/3595123.
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Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.
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Utama, Prof I. Made Arya. "The anomalous legal thought in building an equitable legal theory." Indonesia Prime 2, no. 1 (July 27, 2018): 33–39. http://dx.doi.org/10.29209/id.v2i1.14.
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The challenges of current and future Law Theories are not solely derived from within the Law itself, but also from the external about the law's enforceability in society. Therefore, the legal theories are currently experiencing anomalies. Legal Theory currently faced with the need to be able to bring about justice, certainty, order, and the benefits of protecting human rights as well as the sustainability of living creatures and the environment.The method applied in this article is the normative legal research method with the source of legal material from the legislation and related literature. Library study became the technique of collecting the legal material and qualitative analysis applied to the legal material which has been described to produce the conclusion of the problems studied in this article.The legal theory undergoes a shift following the perspective of legal scholars from classical times, modern times, and postmodern thinkers. The Depelovment Law Theory and Progressive Law Theory that grew up in the Postmodern era seeks to free the minds of the status quo, adopt legal ideas that are in line with the needs of the Indonesian people and the state that is moving in the crossroads of modernization. Laws are required to promote conscience implemented through legal products established by competent authorities, just laws, and laws protecting people and the environment.
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Paradise, Jordan. "The Legal and Regulatory Status of Biosimilars." American Journal of Law & Medicine 41, no. 1 (March 2015): 49–84. http://dx.doi.org/10.1177/0098858815591509.
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Alongside the constitutional controversy ultimately addressed by the Supreme Court, the colossal Patient Protection and Affordable Care Act (ACA) ushered in a new paradigm for regulation of biologics by the Food and Drug Administration (FDA). Nestled within the expansive ACA, the Biologics Price Competition and Innovation Act (BPCIA) set forth an abbreviated pathway to market for “biosimilar” and “interchangeable” biological products. While the current BPCIA implementation debate focuses chiefly on the scope of scientific and technical assessments by the FDA and the effect on the emergent biosimilar industry, two issues will prove essential for determinations of access to and costs of the resulting products: how the biosimilar and interchangeable biosimilar biologics are to be named, and whether pharmacist substitution is appropriate for products the FDA deems interchangeable. This article examines the current debate surrounding the use of nonproprietary names for biosimilar biologics, as well as state efforts to reconcile automatic substitution laws for the eventual products. In particular, the article addresses the implications for patients and the United States health care system, highlighting the potential negative effect on anticipated cost-savings, hindrances for effective tracking and reporting of adverse events, and a general lack of consistency in state laws.
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Yeoh, Peter. "Legal challenges for the cannabis industry." Journal of Money Laundering Control 23, no. 2 (January 13, 2020): 327–40. http://dx.doi.org/10.1108/jmlc-06-2019-0049.
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Purpose The purpose of this paper to examine laws and regulations applicable to cannabis in the USA and the UK, including legal reforms and international treaty obligations. Design/methodology/approach This study relies on primary data from statutes and secondary data from online and offline resources, including relevant case studies. Findings Federal laws in the USA and existing UK cannabis legal regime generally prohibit recreational use of cannabis. Increasingly, various individual states in the USA have enabled the use of cannabis health-related uses, thereby challenging the status of the UN treaties on drug enforcement. As the USA struggles to reconcile the conflicts between federal law on cannabis and individual states within its borders, much of the rest of the world, including the UK, are struggling with how best to reconcile their domestic positions with their UN treaty obligations. Social implications Recent disclosures of past recreational use of prohibited drugs by several candidates vying to be the UK Prime Minister suggests why understanding the laws governing the use of cannabis is useful and relevant to the general public. Originality/value This paper provides a general but integrated review of national laws in the USA and the UK, as well as international treaties governing the use of cannabis.
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Kim, Daewon and 지영환. "Hologram-demonstration’s legal status and its conflicts with existing laws." 법과정책 22, no. 3 (December 2016): 57–86. http://dx.doi.org/10.36727/jjlpr.22.3.201612.003.
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SUSANTO, I. Made Herman, and Ibrahim R. "Legal Status of Flat Unit Ownership Certificate (Strata Title) in Indonesia." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 2 (August 31, 2020): 74–77. http://dx.doi.org/10.32936/pssj.v4i2.155.
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This study seeks to examine the legal status of flat unit ownership rights between Law Number 5 of 1960 and Law Number 20 of 2011; by using normative legal research (statute approach and concept approach), this research concludes: the legal status of flat unit ownership certificate as stipulated in the Law Number 5 of 1960 and Law Number 20 of 2011 cannot be said to have a conflict of legal norms. The difference in interpretation of those laws can be resolved by: (1) The principle of lex specialis derogat lex generale, means specific laws (in this case is Law Number 20 of 2011 concerning Flats) overrides general laws (in this case is Law Number 5 of 1960 concerning Basic Agrarian Law); (2) Article 16 paragraph (1) letter h of Law Number 5 of 1960 concerning Basic Agrarian Law provides: other rights not included in the previously mentioned rights will be stipulated in the law, as well as the temporary rights as referred to in article 53; thus, the term flat unit ownership certificate can be accepted because it does not conflict with applicable laws and regulations.
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Turner, Mary. "Modernizing slavery : investigating the legal dimension." New West Indian Guide / Nieuwe West-Indische Gids 73, no. 3-4 (January 1, 1999): 5–26. http://dx.doi.org/10.1163/13822373-90002575.
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Reviews the laws devised by the imperial government to dismantle the slave labor system in the period 1823-38 in order to locate the moment of articulation between chattel and wage slavery. According to the author, the distinguishing feature of these new laws was that the workers lost the right to labor bargaining. Abolition brought free status and civil rights, but the new labor system was not less rigorous.
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Ovechkina, Olga. "Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 392–98. http://dx.doi.org/10.36695/2219-5521.3.2020.73.
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entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice.
In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.
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Ovechkina, Olga. "Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 392–98. http://dx.doi.org/10.36695/2219-5521.3.2020.26.
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entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice.
In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.
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Fernández-Viña, Marcelo H., Nadya E. Prood, Adam Herpolsheimer, Joshua Waimberg, and Scott Burris. "State Laws Governing Syringe Services Programs and Participant Syringe Possession, 2014-2019." Public Health Reports 135, no. 1_suppl (July 2020): 128S—137S. http://dx.doi.org/10.1177/0033354920921817.
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Objective Law is an important factor in the diffusion of syringe services programs (SSPs). This study measures the current status of, and 5-year change in, state laws governing SSP operations and possession of syringes by participants. Methods Legal researchers developed a cross-sectional data set measuring key features of state laws and regulations governing the possession and distribution of syringes across the 50 US states and the District of Columbia in effect on August 1, 2019. We compared these data with previously collected data on laws as of August 1, 2014. Results Thirty-nine states (including the District of Columbia) had laws in effect on August 1, 2019, that removed legal impediments to, explicitly authorized, and/or regulated SSPs. Thirty-three states had 1 or more laws consistent with legal possession of syringes by SSP participants under at least some circumstances. Changes from 2014 to 2019 included an increase of 14 states explicitly authorizing SSPs by law and an increase of 12 states with at least 1 provision reducing legal barriers to SSPs. Since 2014, the number of states explicitly authorizing SSPs nearly doubled, and the new states included many rural, southern, or midwestern states that had been identified as having poor access to SSPs, as well as states at high risk for HIV and hepatitis C virus outbreaks. Substantial legal barriers to SSP operation and participant syringe possession remained in >20% of US states. Conclusion Legal barriers to effective operation of SSPs have declined but continue to hinder the prevention and reduction of drug-related harm.
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Andreeva, Elena M. "The Status of Environmental Laws on the Environment Quality Standards." Ecological law 6 (December 17, 2020): 15–19. http://dx.doi.org/10.18572/1812-3775-2020-6-15-19.
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This publication is devoted to the research of Russian legal regulation of environmental quality standards. So in the article the concept, functions and types of this group of environmental standards were investigated. Particular attention is paid to the controversial, problematic issues of the commented legal institution. As a result of the study, the author came to the conclusion that legislation on this field of environmental protection is developing rapidly. Meanwhile, many more environmental issues remain beyond the scope of the legal solution. So, the author found that there is no exhaustive, statutory list of physical indicators that are subject to state standardization. Commented standards are dispersed in a huge number of regulatory and technical acts, which are not ordered in any way. For the most part, many environmental quality standards are aimed at protecting human health. Physical standards of quality in the field of flora and fauna are practically absent. The article contains proposals for improving environmental legislation in the considered area.
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Cao, Như Thị Thùy. "Improving laws on Public-Private Partnership projects appraisal council – Experiences from Korean laws." Science & Technology Development Journal - Economics - Law and Management 4, no. 4 (November 1, 2020): First. http://dx.doi.org/10.32508/stdjelm.v4i4.677.
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Appraisal is an important stage in the preparation of Public-Private Partnership projects, which has an important influence on the project investment decision. However, the reality of the appraisal work over the past time has not been as effective as expected. To improve this situation, first of all, it is necessary to improve the legal basis of the organization, operation as well as the responsibility of the subject assigned to the appraisal task (the appraisal council). Only when the legal status of the appraisal council is independently designed, the composition of the appraisal council meets the professional requirements and the legal responsibility of each member of the appraisal council are clearly defined, thus the appraisal work can be done seriously and effectively. With the above orientation, this article will clarify Vietnamese legal regulations related to the appraisal council for Public-Private Partnership projects, including the current provisions of Decree 63/2018/ND-CP and the upcoming provisions of the Law on Public-Private Partnership Investment 2020. At the same time, this article will also compare with similar provisions of the Korean laws to have multidimensional views. On that basis, this article will propose a number of personal views to complete the legal basis for the appraisal of Public-Private Partnership projects in our country.
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Setyaningsih, Ruri, Tri Wahyu Anggraeni, and Debora Tri Hariyadi. "Legal Consequences for Children who are Born in Unregistered Marriage in the Perspective of Christian Laws." Unram Law Review 4, no. 1 (April 21, 2020): 47–53. http://dx.doi.org/10.29303/ulrev.v4i1.112.
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Aim of this study is to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Indonesia law acknowledges a marriage is legal if it conducted under the religious rules of the married couples and recorded under national law. This study aims to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Base on this study can be concluded that marriage is considered valid if it has been registered so as to have a valid legal effect, one of which the legal status of a child born of a legal marriage constitutes legal status as a legal child. While unregistered marriage resulting unrecognized legal status of the child so that child does not have legal status.
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Abbasi, Mahmood, and Nazli Mahmoodian. "Jurisprudence-Legal Consideration of Single-Status Childbearing." International Journal of Medical Toxicology and Forensic Medicine 10, no. 3 (October 13, 2020): 32553. http://dx.doi.org/10.32598/ijmtfm.v10i3.32553.
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Background: Among the achievements of modern fertility technologies available to contemporary humans, we could mention the freezing technique to fertility preservation, and subsequently, unmarried childbearing. The only way for having children was having sexual intercourse with the opposite gender in the past years; however, with the advent of this technology, even without such a relationship, it is possible to have a child. This process could be termed unmarried childbearing or single-status fertilities. This is one of the resent subjects in medical fertility; however, there is no research in this field, in Iran.
Methods: This was an applied and theoretical research in the theology field; thus, no research material was implemented. The main method of this research was the bookcase approach.
Result: In countries such as the USA, UK, and Australia, where there are more coherent laws about employing modern fertility techniques, this issue is addressed and specific laws exist in this regard. However, despite widespread use of this technique in Iran, we have no law in this respect except for the Fetal Donation Act of 2003, which only covers the general issues. In other words, the social fertility mandate has remained silent given permission, prohibition, and its conditions and effects on the child lineage in Iran's laws.
Freezing gametes is practiced in our country for a wide range. Besides, single-status fertility is occurring worldwide. Accordingly, this seems to be among the problems facing our society, and may also be illegally conducted in some cases, in Iran. In Islamic law, the permissible instances of reproductive rights include births through marriage, not otherwise, as well as births employing reproductive aids in terms of meeting the Islamic law. On the other hand, some individuals believe that this case can be regarded as some kind of inoculation with the involvement of a donor agency, and some jurists have voted to allow it. Therefore, these jurists explicitly accepted the use of donor gamete in the form of marital relations. The legislature of the Islamic Republic of Iran also emphasizes on donation to lawful couples in the law of donation approach. Therefore, using donated gametes for childbearing is excluded in singles. Additionally, Judaism and all branches of Christianity, except for the liberal protestant denomination prohibit unmarried childbearing.
While the approach to the issue differs from one country to another, the USA Supreme Court has recognized and protected free relationships, family formation, and decisions on births, as freedom rights. The UK law has subjected the provision of services to single women to the welfare of children resulting from the process. However, in France, the provision of infertility treatment services to single individuals is prohibited. According to Australia law, any single or heterosexual individual without receiving medically-assessed services, i.e., referred to as ‘‘clinically infertile’’ cannot use this technology for having children.
Conclusion: In some countries, like the USA, bearing a child at a single status is legal; however, in some other regions, like the UK and Australia, it is permitted under special conditions. In some countries, like France, this action is prohibited. There is no law about this matter in Iran. The 167 article of the constitution addresses considering the Islamic verses and narrations on preserving the destination of the generation or acquiring the benefits and disposing of the corruption. In conclusion, the only way to have a child and to realize the principle of reproduction is permitted in the framework of religious marriage; thus, bearing a child at a single status is illegal and prohibited, in Iran.
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Noreen, Naveeda, and Prof Dr Razia Musarrat. "Protection of women rights through legal reforms in Pakistan." Journal of Public Administration and Governance 3, no. 4 (December 31, 2013): 119. http://dx.doi.org/10.5296/jpag.v3i4.5059.
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This paper presents the status of women rights in Pakistan and protection of these rights under the umbrella of legal reforms. After independence the women of Pakistan played an active role in nation building activities as well for their own social uplift. International organizations played special attention towards the issue of women empowerment During Ayub Era Muslim Family Law Ordinance 1961 was promulgated which is regarded as a first step forward for the protection of women rights. During Zia regime discriminatory laws were introduced which disturbed the equilibrium between male and female in the society. These laws put a negative impact on the status of women. Women organizations protested against Hudood Laws and demanded to repeal it. During the period of Musharruf new laws were introduced for the protection of women rights(women Protection Act 2006),it is regarded as golden era in context of legislation made for women empowerment .The process of legal reforms is in progression .The women are still subjugated to many criminal acts like harassment at work place ,attempted rape and acid throwing. There is a need of devising effective implementation mechanism in true letter and spirit for the safeguard of women rights.
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Wattad, Mohammed S. "The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading?" Israel Law Review 54, no. 2 (June 7, 2021): 263–85. http://dx.doi.org/10.1017/s0021223721000078.
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Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the ‘validity of laws’ clause). The question is whether, how, and to what extent these provisions hinder the present legal status of the Arabic language in Israel. The legal status of Arabic had never been determined decisively before enactment of the NSL. The High Court of Israel has always been divided on this matter, particularly between judges who perceived Arabic as an official language and judges who deemed it solely as having been granted its acknowledged ‘special legal status’. Furthermore, the judges who perceived Arabic as an official language of the state were also in dispute among themselves as to the meaning, the scope and the consequences of such recognition. Considering these circumstances, my view is that the NSL perpetuates the legal status of Arabic as prescribed in the laws and case law that already existed, and that the validity of laws clause, coupled with the special status granted to Arabic in a basic law, suggests that the door is still open for the Court to further endorse the legal status of Arabic in Israel.
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Zembatova, B. V., and I. A. Yakovlev. "Problems of Cooperation between the Caspian States: Investment and Legal Aspects." Economics and Management 26, no. 10 (December 26, 2020): 1080–91. http://dx.doi.org/10.35854/1998-1627-2020-10-1080-1091.
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Aim. The presented study aims to substantiate the objective need for legal regulation of interaction between the Caspian states in the development of Caspian resources as a starting point for balanced economic cooperation.Tasks. The authors develop baselines for analyzing the state of economic cooperation between the Caspian Five countries, laws and regulations adopted by the Caspian states to regulate interaction in the Caspian Sea; analyze the impact of the current legal regulator of relations on the possibility, nature, and directions of cooperation between the Caspian states in the investment sphere and key sectors (energy, trade, transport, etc.).Methods. This study uses general scientific methods of cognition in various aspects to substantiate approaches to analyzing the legal framework of Caspian economic cooperation, identify key problems of regulating the rights of the Caspian Five states as owners of the Caspian Sea, and propose major directions for solving these problems.Results. Analysis of laws and regulations governing the interaction between the Caspian Five states in the usage of the Caspian Sea and its resources in the context of the current stage of development of their relations shows the uncertainty of the legal status of the Caspian Sea to be the main reason for economic problems in the cooperation between the Caspian states. The identified problems determine the selection of approaches to the formation of the fundamentals of legal regulation of interaction between the Caspian states and their application to determining the content of such concepts as “the Caspian Sea as an object of law”, “legal status of the Caspian Sea”, and the principles of formation of norms regulating the legal status of the Caspian Sea serving as the main missing elements of the legal framework of cooperation between the Caspian states – the owners of the Caspian Sea and its resources.Conclusions. Establishing the legal status of the Caspian Sea has become one of the main goals and at the same time a major problem of interaction between the Caspian states in the investment sphere, energy, trade, and transport infrastructure since their unification into the five co-owners of the Caspian Sea. This problem has not been resolved to this day.
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Турищева, Наталья, and Natalya Turishcheva. "Topical Issues of Legal Status of Election Commissions." Journal of Russian Law 4, no. 7 (July 5, 2016): 0. http://dx.doi.org/10.12737/20143.
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The author analyzes changes to Federal electoral laws that set the procedure for the formation, legal status, competence and the correlation of the basic elements of the system of electoral commissions operating in the Russian Federation. Based on the analysis of the regional legislation, the author considers the diversity of legal approaches in the design of the system of election commissions of the subjects of the Russian Federation. The author analyzes the problematic issues of mutual confer of powers of election commissions, the proposed optimal solutions taking into account the obligatory use of automation means sets of the State automated system of the Russian Federation “Vybory”. The author focuses attention on the need to ensure equal representation of parties in election commissions.
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Shehadeh, Lamia Rustum. "The Legal Status of Married Women in Lebanon." International Journal of Middle East Studies 30, no. 4 (November 1998): 501–19. http://dx.doi.org/10.1017/s0020743800052533.
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Law plays a vital role in establishing not only regulations but actual thoughts and behavior in defining what is acceptable by society and what is to be considered natural or unnatural. Thus, as the laws dealt with here become symbols of what society believes to be natural or unnatural, they assume far more serious implications than their strictly legal context; hence, the significance of this study. The law is the arena where different views or philosophies are contested. Thus, Rosemary Coombe maintains that “law concludes or limits everyday struggles, authoritatively determines the qualities of individuals or groups, the social identities which people can lay claim to, and the ways in which personhood and experiences of self can be legitimately represented.” Furthermore, by legitimizing certain conceptions of the self, the law by default suppresses alternative conceptions.
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Syamsulbahri, Andi, and Adama MH. "AKIBAT HUKUM PERKAWINAN BEDA AGAMA MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 2, no. 1 (July 25, 2020): 75–85. http://dx.doi.org/10.35673/as-hki.v2i1.895.
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AbstractIn reality, in the life of the community that marriage is not a complicated issue where the couple embrace same religion. But this will be a problem if the two couples embrace different religions. This will be a problem because with religious differences, the marriage will be hindered. This study uses the normative juridical method, namely research conducted by reviewing the laws and regulations along with other regulations relevant to the problem under study. The laws and regulations that will be studied in this study are the laws and regulations that are related to marital problems of different religions.The legal consequence of interfaith marriages is that marital status of the different religions is not legal according to each religion so that it is also invalid according to Law number 1 of 1974 concerning marriage. With an illegitimate marital status, it will also have legal consequences on the status and position of the child. Children born from marriages of different religions are illegitimate or out-of-wed children. Because their parents' marriages are not legal marriages, the result is that the child has no civil relationship with his father, and the child only has a civil relationship with his mother.Keywords: Interfaith Marriage; Legal Consequence; Marriage Law.
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Zachary, Shlomy. "Between the Geneva Conventions: Where Does the Unlawful Combatant Belong?" Israel Law Review 38, no. 1-2 (2005): 378–417. http://dx.doi.org/10.1017/s0021223700012772.
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The growing impact of terrorist acts in the past few years has lead to dramatic changes in the internal laws of the growing number of States that suffer from terrorism, but has also lead to various attempts to adapt international law - more specifically, the International Laws of War - to the new situation or threat, as many perceive it. The Laws of War, like most areas of Public International Law, deal with the relations between nations, while hardly dealing with non-governmental entities like terrorist organisations or the individual terrorist, thereby creating an apparent legal “loophole”. One of the solutions found by States in order to deal, legally, with terrorists, was by defining them “unlawful combatants”.This essay tries to examine the development of the term “unlawful combatant”, by examining some complications that might occur from the use of the term “unlawful combatant” as an intermediate, new status in international law. By using it as a new status. States try to exclude terrorists from finding protection under the Geneva Conventions, which are intended to safeguard various individuals during armed conflicts. After examining the term “unlawful combatant”, both from an historical and legal aspect, this essay will attempt to show that the existing Laws of War, which acknowledge only two statuses – the ‘civilian’ and the ‘combatant’ – provide a satisfactory solution to the problem of terrorism in its non-governmental sense. After exploring recent policies and legal developments in Israel and the Unites States, countries that use the term “unlawful combatant”, this essay will criticise the ambiguity of these definitions, and point out future problems that might arise from this ambiguity during armed conflicts.
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Hao, Tang, and Mao Yexin. "Undesirable Governance." China Nonprofit Review 7, no. 2 (November 20, 2015): 189–214. http://dx.doi.org/10.1163/18765149-12341292.
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Since World War ii, international non-governmental organizations (ingos) have in general enjoyed significant development although their complete international legal status is not practically in place. However, during the recent course of accelerated economic globalization and waning national sovereignty, ingos’ development has been limited by the laws framed by the ingo-importing countries. This paper attempts to portray the dynamics of ingos’ legal environment by comparing the legal frameworks in different kinds of ingo-importing countries. It is concluded that different legal environments reflected the different clashes among sovereign states, global market and civil societies.
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Popova, S., and Yu Chernov. "Constitutional-Legal and Administrative-Legal Bases of the Status of Migrants." Bulletin of Science and Practice 6, no. 2 (February 15, 2020): 263–67. http://dx.doi.org/10.33619/2414-2948/51/30.
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The study of the constitutional and legal basis of the status of migrants will allow to determine and summarize the rights and obligations of these persons, which significantly affect the formation of legal social order. This article discusses the constitutional, legal and administrative basis of the status of migrants, regulated by the legislation of the Russian Federation. Considering the issue of the current state of the migration legislation of the Russian Federation, the theoretical aspect of migration as the mobilization of people to change their permanent residence is highlighted. The causes of this phenomenon and the classification of categories of migrants are determined. The definitions of external and internal migrants are differentiated, on the basis of which the constitutional norms of foreign persons who entered the territory of the Russian Federation are further studied. According to Federal laws, the basic rights and obligations of immigrants who entered the Russian Federation for different definitions of reasons and circumstances are distinguished. The article considers the administrative and legal basis of the status of migrants in the context of violation of the rule of law according to the norms of the Code of administrative violations. The Institute of citizenship is singled out as a status that directly affects the scope of individual rights and freedoms, which allows it to be singled out as a special status of a migrant. In conclusion, the above topic is summarized.
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Muhammad Taufiq Hafid, Willy Talentaniko, and Yudi Pratama Tanjung. "Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang." Amsir Law Journal 2, no. 1 (September 23, 2020): 1–11. http://dx.doi.org/10.36746/alj.v2i1.27.
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Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu.
However, Constitutional Court through decision No. 138/PUU-VII/ 2009 states that the Constitutional Court has authority to examine Perppu against Constitution of Republic Indonesia 1945. The Perppu made by president make a new of legal norms that give rise to new legal status, new legal relationships and new legal consequences. Constitutional Court interprets that norms contained in Perppu are as binding as norms in the law. In conducting tests, Constitutional Court does not distinguish between formal and material laws.
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Mohd Noor, Nor Azlina, Ahmad Shamsul Abd Aziz, and Mazita Mohamed. "CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA." International Journal of Law, Government and Communication 5, no. 19 (June 15, 2020): 145–55. http://dx.doi.org/10.35631/ijlgc.5190011.
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A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.
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Elena V., Elena V. "Relevant Issues of the Legal Position of In-Laws in Family Relationships." Family and housing law 6 (December 10, 2020): 14–17. http://dx.doi.org/10.18572/1999-477x-2020-6-14-17.
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This article, on the basis of the current Russian legislation, considers topical issues of legal regulation of family relations with the participation of persons with the status of characteristic, as well as develops a legal understanding of the terms stepmother and stepfather, stepson and stepfather.
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Hassan, Abida, and Dil Muhammad Malik. "Status of ADR in Existing Laws of Pakistan: A Brief Study." Global Regional Review V, no. III (September 30, 2020): 263–69. http://dx.doi.org/10.31703/grr.2020(v-iii).27.
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This article highlights already working of Alternative Dispute Resolution (ADR) in existing laws of Pakistan and mentions the provisions in which Alternative Dispute Resolution (ADR) is already available in various federal as well as provincial laws of Pakistan, but unluckily has not been applied or followed properly and new legislations have been enacted. There is only a need to create awareness on the said topic. This article also points out the benefits of this system because it provides justice to people at their doorstep but also reduces the backlog of cases and lessens the burden on courts so that they can give genuine attention to matters serious in nature. There is a need to introduce this system at all levels, which will be beneficial not only for the legal system in particular but also for the social system in general. This article creates not only awareness but also identifies the weaknesses of the legal system in Pakistan and link them with the problems of this country; it makes some suggestions for making this system more effective.
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Pimentel, David, Michael Lowry, Timothy Koglin, and Ronald Pimentel. "Innovation in a Legal Vacuum: The Uncertain Legal Landscape for Shared Micro-Mobility." Journal of Law and Mobility, no. 2020 (2020): 17. http://dx.doi.org/10.36635/jlm.2020.innovation.
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The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact. This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many states lack clear definitions for these emerging forms of transportation, which do not otherwise fit neatly in the categories contemplated by existing law. Several states lack clear, state-level policies, which has led to discrepancies between state and local regulations. Further, there are several areas of micro-mobility law that are sharply inconsistent between states. All of these differences leave users confused as to what the law is and may discourage them from riding. A number of states are attempting to remedy inconsistencies and legislative silence by passing and proposing laws that regulate the use of electric bikes (“e-bikes”) and electric scooters (“e-scooters”), but even these efforts are unlikely to bring the consistency that is needed. Federal authorities should act to create uniform laws and work with states to adopt them, otherwise, the lack of a legal infrastructure may threaten to stifle the innovation and undermine SMMS’s promised returns.
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Romankova, Svetlana A. "The Status and Areas of the Improvement of Road Traffic Laws." Administrative law and procedure 10 (October 8, 2020): 52–54. http://dx.doi.org/10.18572/2071-1166-2020-10-52-54.
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The article analyzes the causes of accidents with the participation of drivers of legal entities and individual entrepreneurs engaged in transport services. Taking into account the current legislation, recommendations have been developed and given that supplement and concretize its provisions regarding the conduct of control (supervision) activities by officials of the State traffic inspectorate within the framework of federal state supervision in the field of road safety.
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Hawkins, Summer Sherburne, Janet Chung-Hall, Lorraine Craig, Geoffrey T. Fong, Ron Borland, K. Michael Cummings, David Levy, and Sara C. Hitchman. "Support for Minimum Legal Sales Age Laws Set to Age 21 Across Australia, Canada, England, and United States: Findings From the 2018 ITC Four Country Smoking and Vaping Survey." Nicotine & Tobacco Research 22, no. 12 (July 1, 2020): 2266–70. http://dx.doi.org/10.1093/ntr/ntaa119.
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Abstract Introduction Although the United States has seen a rapid increase in tobacco minimum legal sales age (MLSA) laws set to age 21, there is wide variation across high-income countries and less is known about policy support outside of the United States. We examined the prevalence of support for tobacco MLSA 21 laws as well as associations by sociodemographic, smoking, and household characteristics among current and former adult smokers. Methods In this cross-sectional analysis, we used the 2018 International Tobacco Control Four Country Smoking and Vaping Survey to examine support for MLSA 21 laws among 12 904 respondents from Australia, Canada, England, and United States. Results Support for raising the legal age of purchasing cigarettes/tobacco to 21 ranged from 62.2% in the United States to 70.8% in Canada. Endorsement also varied by age, such that 40.6% of 18–20 years old supported the policy compared with 69.3% of those aged ≥60 years. In the adjusted regression model, there was also higher support among respondents who were female than male, non-white than white, those who did not allow smoking in the household than those that did, and those who had children in the household than those that did not. There were no differences by household income, education, or smoking status. Conclusions Most current and former smokers, including a sizable minority of those aged ≤20 years, support raising the legal age of purchasing cigarettes/tobacco to 21. Implications There was strong support for MLSA 21 laws among smokers and former smokers across Australia, Canada, England, and the United States, providing evidence for the increasing public support of the passage of these laws beyond the United States.
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Schukin, Andrey I. "APPLICATION THE PERSONAL STATUTE OF A LEGAL ENTITY IN CIVIL CASES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 225–41. http://dx.doi.org/10.17223/22253513/39/17.
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The decisions and activities of legal persons have consequences in many states, some-times giving rise overseas to disputes arising out of contracts, torts. The foreign element in such cases raises a number of difficult questions related to the legal status of the subjects of these relations: whether a legal entity created under the laws of one state is recognized as such in another state where it is engaged in economic activities; the laws of which state determine the legal capacity of a foreign legal entity? - etc. The answers to these questions may be found by means of the personal statute of a legal entity (lex societatis). The personal statute of a legal entity (lex societatis) is commonly referred to as the law, determined on the basis of a conflict of laws rule, to be applied to the totality of relations related to the legal entity and complicated by a foreign element, or at least to the main part of such relations. The application of the personal statute of a legal entity is relevant in civil cases in which at least one of the parties is a foreign corporation. This statute has to be resorted to in the case of a dispute on the merits, as well as in a number of other cases: determining the legal status of the disputing parties at the stage of initiation of the case and its subsequent resolution, checking the powers of the parties' representatives, etc. The court must examine the legal status of the corporation as a party to the proceeding before deciding on the applicable law. The purpose of this article is to analyze the practice of application by Russian courts the personal statute of a legal entity in resolving a number of procedural issues related to the determination of the legal status of the disputing parties, the verification of the credentials of the parties' representatives. The article provides an analysis of the content of the mentioned conflict of law norm, which is designed to help courts in their activities. The improvement of the investment climate in the state, the attractiveness of the national jurisdiction for economic activity, the stability of the civil turnover in general depend on the effective protection of the rights and legitimate interests of participants in corporate conflicts through justice. The study of features of the judicial form of protection of violated rights and interests in the light of the foreign element is of enduring theoretical and practical importance.
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Nikitashina, N. A., and A. N. Nikitin. "Status of Regulatory Legal Acts Republic of Khakassia in Terms of Legislative Technique." Juridical Science and Practice 15, no. 4 (2020): 5–13. http://dx.doi.org/10.25205/2542-0410-2019-15-4-5-13.
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The article describes the legislation of Khakassia at the present stage, which has changed significantly since the period of the 90s, becoming more orderly and less controversial. That is why other defects come to the fore today, primarily related to non-compliance or unsuccessful application of certain techniques and means of legal technology. Meanwhile, it is also stated that the legislation of the Republic of Khakassia has some advantages, such as the consideration of national customs and traditions and the prompt bringing of regional acts in accordance with federal ones. The authors highlight shortcomings as well. They are the growth of the pace of adoption of laws on amendments and additions to the current legislation without systematization of the latter; non-compliance with the requirements for the title of a regulatory legal act; lagging behind the federal legislator in certain (priority) areas of legal regulation; weak consolidation of the requirements of legislative technology in special laws, whereby the rules of legal technology are replaced by the rules of record-keeping. In addition, the authors state the insufficient interaction of the Supreme Council of the Republic of Khakassia with scientific centers located in the territory of the Republic.
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Yunanto, Yunanto. "RECOGNITION OF ILLEGITIMATE CHILDREN IN VARIOUS LAWS IN INDONESIA." Diponegoro Law Review 2, no. 1 (April 28, 2017): 85. http://dx.doi.org/10.14710/dilrev.2.1.2017.85-100.
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In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.
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Letova, Natalya, and Igor Kozhokar. "Legal Status of a Child in Family Legislation of the Russian Federation and CIS: Comparative Legal Analysis." Russian Law Journal 7, no. 3 (August 17, 2019): 82–106. http://dx.doi.org/10.17589/2309-8678-2019-7-3-82-106.
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The authors identify characteristic features of how certain children’s rights are exercised under the family law of Russia and the legislation of the Commonwealth of Independent States (CIS). The norms of the CIS family law on children’s rights are specific; they adhere to national cultural traditions and customs that have an impact on the implementation and protection of children’s personal non-property rights. The authors point out that a child, under certain circumstances, can be a carrier not only of the rights and obligations provided for by the family codes of independent States, but also by family law of the CIS. The article points out to the need to define the law applicable to regulating relations where the participants have different or dual citizenship, or legal facts occurred on the territory of one State that is a member of the CIS. The authors describe a defect in Russian legislation regulating the status of a child with dual citizenship. The problem of legislative consolidation of the concept of proper upbringing of a child is addressed, as are ways that children may undertake self-protection of their rights granted in CIS member States. One peculiarity of the family codes of CIS member States is the norms regulating a child’s participation in personal non-proprietary and proprietary relations. Special attention is paid to alimony payments. Moreover, the authors consider the laws that regulate dissolution of a marriage, as well as how such dissolution affects the legal status of the child. The article focuses on deprivation of parental rights as a radical method of breaking the bond between a child and parents, distinguishing the deprivation of parental rights from their restriction. The authors consider adoption procedures, as well as the legal status of the adopted and adoptive parents. Each problem is considered by using the comparative legal research method.
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Javier, Jennifer. "The Unauthorized Student Population: Examining the Alternatives." Policy Perspectives 18, no. 1 (October 18, 2011): 92. http://dx.doi.org/10.4079/pp.v18i0.9358.
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Unauthorized students face significant barriers to pursuing a higher education due to their legal status. These challenges include the fear of revealing their status, the inability to work legally, and federal and state laws that increase the cost of tuition. Obtaining a higher education and legal status would allow these individuals to earn higher incomes, lead healthier lives, and fully contribute to their communities. This paper examines alternatives that address the status of the unauthorized population and, among these options, recommends the best approach to their plight.
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Marzban, Ali. "The Status of Married Women’s Nationality in the World." International Journal of Multicultural and Multireligious Understanding 3, no. 2 (June 29, 2016): 46. http://dx.doi.org/10.18415/ijmmu.v3i2.47.
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Within the eighteenth century a college known as "The Unity System of {Lovers} Nationality" mentioned the theory that women should find the nationality with their husbands after marriage. Additionally, the nationality of men should be enforced on women. However, in the 20th century, a movement identified as feminism surfaced which resulted in the forming of a school called known as "System of Nationality Independence". This college advocated the parting of marriage and nationality and assumed that women's nationality should not change following marriage. These legal schools experienced different manifestations in the positive laws and regulations of different countries and it is sometimes hard to classify them into an individual legal college. The legal systems of countries can be categorized into two communities: legal systems advocating the imposition of husbands' nationality on wives; legal systems opposing the imposition of husbands' nationality on wives. This paper tries to comprise different systems of relationship between marriage and nationality.
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Sosnowski, Paweł. "Legal Nature of the Urban Planning Profession." Central European Review of Economics & Finance 29, no. 1 (February 28, 2019): 23–33. http://dx.doi.org/10.24136/ceref.2019.002.
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When regulating the urban planning profession in 2000, the legislator established a professional association and deemed that it had the status of a profession of public trust. This state of affairs lasted for fourteen years, when the so-called Deregulation Act of 9 May 2014 on Facilitating Access to Certain Regulated Professions (Journal of Laws, item 768, hereinafter referred to as: Deregulation Act.) abolished the professional association of urban planners and provided that the urban planning profession lost its status of a profession of public trust. The above Act was appealed to the Constitutional Tribunal, which was to examine its compliance with the Constitution of the Republic of Poland. In its judgment of 24 March 2015 (Case file no. K 19/14, Journal of Laws of 2015, item 476.), the Constitutional Tribunal ruled that the norms of the above Act did not violate the Constitution; however, it did not address the legal nature of the urban planning profession at all. The aim of this article is to show, on the basis of the above-mentioned judgment of the Constitutional Tribunal, characteristic features of the urban planning profession, compare it with the professions of architect and civil engineer, and determine whether, owing to its characteristics, it is a profession of public trust or not. According to the author, the urban planning profession has the status of a profession of public trust, which should be of key importance for the Constitutional Tribunal’s assessment of the constitutionality of legal norms contained in the aforementioned Act.
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Tabatabaei, Seyed Ahmad, and Siamak Karamzadeh. "The Ratification and Status of the International Treaties in the Legal System of the Islamic Republic of Iran." Journal of Politics and Law 10, no. 5 (November 29, 2017): 85. http://dx.doi.org/10.5539/jpl.v10n5p85.
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After the Islamic revolution in Iran in 1979, fundamental changes occurred in Iran’s political and legal system. Pursuant the referendum on creating the Islamic Republic in March 1979, the new constitution came into force in the same year and many of the ordinary laws of the country were also reformed. The purpose of this study is to consider the method of ratification of international treaties and the status of these instruments in the legal system of Iran. Firstly, the stages of the ratification of treaties in Iran's legal system have been explained. Secondly, the position of treaties among the other laws is discussed. This study concludes that, the international treaties, like ordinary laws, primarily should be passed by the Islamic Consultative Assembly; and after the approval of the Guardian Council, they should be signed by the President. Under the Constitution of Iran all international treaties should all be ratified by the Islamic Consultative Assembly (parliament) and the Guardian Council; however, based on the interpretations of the Guardian Council and the executive procedures, some treaties have been excluded from the ratification of the Islamic Consultative Assembly. International treaties may enjoy a higher position than that of the ordinary law through an objective interpretation, although they have been recognized as ordinary laws by the Article 9 of the Civil Code of Iran.
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Szydlowski, Alexey. "The Legal Status of Election Officials in the State of Montana." Legal Concept, no. 3 (October 2019): 137–44. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.20.
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Introduction: the election law of the US states to date remains insufficiently studied not only in Russia but also abroad. This is due to the fact that the legal regulation of the electoral process in America is attributed to the powers of the states or municipalities, depending on the legal doctrine applied by the state – Cooley Doctrine or Dillon Rule, which objectively imposes a limit on its study and generalization. The purpose of the study is to acquaint a wide range of scientific community with the latest research in the field of the US election law in regard to the first in the domestic law full description of the organizers of elections and referendums at the state and municipal levels in the United States. The author reviews a wide range of regional and local legislation with references to the constitutional, legal and regulatory acts of the US States. The paper is part of a series that explores all fifty subjects of the American Federation and the District of Columbia. Procedure and methods of research: the author analyzes the constitutional and electoral legislation of the United States at the level of Montana at the beginning of 2019. The methodology of the study was the comparative law, formal-legal, formal-dogmatic, specific-sociological, empirical, dialectical, analytical methods, the systematic approach. Results: the information about the organizers of elections and referendums in Montana, which was not previously covered in the Russian scientific literature, is introduced into scientific circulation. The interpretations of certain provisions of the law and legal consciousness of the U.S election law and law enforcement practice are given. The gaps of the legislation requiring additional research are surfaced. The theoretical and practical significance lies in the generalization of both the established and the latest legal sources (constitutions, organic laws, federal laws, charters, by-laws and regulations) of the United States and the subject of the American Federation and the development of proposals for the enrichment of the Russian science and the formation of objective understanding of the processes taking place in the United States in the field of constitutional, electoral law and the state-building. Conclusions: for a systematic and comparative legal analysis the author proposed the review of the legislation on the organizers of elections and referendums of Montana, revealing the existing contradictions, from the point of view of the Russian researcher, which allows considering the full range of elements of the electoral legislation of Montana from a new angle, seeing new legal structures, previously unknown to the domestic statesmen and law enforcers.
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Reagan, Julie, and Carl Hacker. "Laws Pertaining to Healthcare-Associated Infections: A Review of 3 Legal Requirements." Infection Control & Hospital Epidemiology 33, no. 1 (January 2012): 75–80. http://dx.doi.org/10.1086/663204.
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We reviewed US state and territorial healthcare-associated infection (HAI) laws, specifically addressing 3 legal requirements: data submission, reporting of data to the public, and inclusion of facility identifiers in public reports. The majority of US states and territories have HAI laws. The 3 studied legal provisions are all commonly included in state HAI laws in varying forms; however, only a minority of states and territories specifically mandate all 3 legal requirements. The laws of the remaining states vary considerably.Infect Control Hosp Epidemiol 2012;33(1):75-80
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Cromartie, Alan. "Unwritten Law in Hobbesian Political Thought." British Journal of Politics and International Relations 2, no. 2 (June 2000): 161–78. http://dx.doi.org/10.1111/1467-856x.00032.
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In Hobbesian terminology, ‘unwritten laws' are natural laws enforced within a polity, by a non-sovereign judge, without some previous public promulgation. This article discusses the idea in the light of successive Hobbesian accounts of ‘law’ and ‘obligation'. Between De Cive and Leviathan, Hobbes dropped the idea that natural law is strictly speaking law, but he continued to believe unwritten laws must form a part of any legal system. He was unable to explain how such a law could claim a legal status. His loyalty to the notion, in spite of all the trouble that it caused, is a sign of his belief that moral knowledge is readily accessible to all.
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Volkov, V. Y. "FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF COMMERCIAL AND NON-COMMERCIAL ORGANIZATIONS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 304–11. http://dx.doi.org/10.37279/2413-1733-2020-6-3-304-311.
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The article deals with the administrative and legal status of commercial and non-commercial organizations. The author conducts a theoretical and methodological analysis of the administrative and legal status of commercial and non-commercial organizations. The author focuses on the fact that in modern Russian legislation there are processes of duplication of norms in the field of legal regulation of legal entities: the same issues are regulated by the civil code of the Russian Federation and special Federal laws, which in some cases leads to contradictions. The author notes that the administrative and legal status of commercial and non-commercial organizations in a number of representatives of legal science is studied in fragments, representing mainly a list of elements, without justification of why these characteristics are highlighted. The author concludes that the administrative and legal status of commercial and non-commercial organizations is a certain structure consisting of several blocks, which, in turn, consist of interrelated elements, the exclusion of which leads to the termination of the administrative and legal status.
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Luft, Michal. "Living in a Legal Vacuum: The Case of Israel's Legal Position and Policy towards Gaza Residents." Israel Law Review 51, no. 2 (June 7, 2018): 193–234. http://dx.doi.org/10.1017/s0021223718000110.
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The legal status of the Gaza Strip following the 2005 Israeli ‘Disengagement’, as well as the applicability of the laws of belligerent occupation with regard to this territory, have sparked, and continue to generate, a lively academic debate, involving states, organisations and legal scholars. Nevertheless, this debate has seldom included an examination of the de facto policy exercised by Israel vis-à-vis Gaza residents themselves.This article seeks to fill the gap by providing a thorough examination of Israel's legal position towards the residents of Gaza, and a critical analysis of its policy and practice with regard to their movement as well as the movement of goods. This review, based on dozens of policy papers, regulations and procedures, as well as numerous judgments handed down by Israeli courts, reveals that Israel maintains a deliberately deficient and ambiguous legal position with regard to the status of Gaza residents. Under this position, the residents are merely ‘foreign residents’ who have no particular rights in relation to Israel. I argue that this position establishes a major legal vacuum in the protection afforded to Gaza residents and is therefore incompatible with both the reality of Israel's continuous control over Gaza as well as the objects and norms of international humanitarian law.
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Sidorenko, E. L. "The Legal Status of Cryptocurrencies in the Russian Federation." Economics, taxes & law 11, no. 2 (November 6, 2018): 129–37. http://dx.doi.org/10.26794/1999-849x-2018-11-2-129-137.
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The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.
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Yakymchuk, N. Ya. "LEGAL BASES OF LEGAL RESPONSIBILITY OF TERRITORIAL COMMUNITIES." Analytical and Comparative Jurisprudence, no. 2 (July 6, 2021): 28–33. http://dx.doi.org/10.24144/2788-6018.2021.02.5.
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The article investigates the issue of legal principles of legal responsibility of territorial communities as individual subjects of law and legal relations. The approaches in science on issues of separating territorial communities as separate legal entities from local self-government bodies and their officials acting on behalf of such territorial communities are highlighted. It is emphasized that there is an urgent need to coordinate the provisions of various laws for this purpose. The issue of constitutional and legal principles of the legal status of territorial communities as owners as participants in civil and economic legal relations, the principles of their civil liability, the features of which are due to their public-legal status, are highlighted. The issues of public (municipal) responsibility of territorial communities are highlighted and especially attention to the issues of budget-legal responsibility of territorial communities, the objects of the property of the local budget may be applied to the measures of influence in the form of returning budget funds to the relevant budget in case of non-targeted use of funds Subviations, as well as in the form of an unconditional removal of funds from local budgets, if there was a place of expenditure, local budget lending, which in accordance with the Budget Code of Ukraine should be held from another budget. It is emphasized that an important aspect requiring detailed scientific analysis is also the issue of recognizing territorial communities of cities, subjects of responsibility to international financial organizations as a result of collecting budget borrowings in the form of loans. The issue of state immunity in such relations (including limited) is the subject of regulation of domestic and international law, but the immunity of territorial communities is a new direction of research. Also, today the issues discussed and in certain states have found a legal consolidation of the bankruptcy of territorial communities, which, as a negative of all sides of the legal phenomenon, should be prevented in Ukraine.
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Kamoie, Brian, Robert M. Pestronk, Peter Baldridge, David Fidler, Leah Devlin, George A. Mensah, and Michael Doney. "Assessing Laws and Legal Authorities for Public Health Emergency Legal Preparedness." Journal of Law, Medicine & Ethics 36, S1 (2008): 23–27. http://dx.doi.org/10.1111/j.1748-720x.2008.00256.x.
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Public health legal preparedness begins with effective legal authorities, and law provides a key foundation for public health practice in the United States. Laws not only create public health agencies and fund them, but also authorize and impose duties upon government to protect the public's health while preserving individual liberties. As a result, law is an essential tool in public health practice and is one element of public health infrastructure, as it defines the systems and relationships within which public health practitioners operate.For purposes of this paper, law can be defined as a rule of conduct derived from federal or state constitutions, statutes, local laws, judicial opinions, administrative rules and regulations, international codes, or other pronouncements by entities authorized to prescribe conduct in a legally binding manner. Public health legal preparedness, a subset of public health preparedness, is defined as attainment of legal benchmarks within a public health system.
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Kruk, Emil. "Legal Status of Animals in Poland." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 119–31. http://dx.doi.org/10.17951/sil.2021.30.3.119-131.
Full textAbstract:
The article is of a scientific and research nature and it is aimed primarily at outlining the legal status of animals and to what extent legal regulations governing this status determine the level of humane protection of animals in Poland. To achieve this goal, first of all, the concept of “animal” needed to be made more specific, the principle of dereification discussed and its normative scope outlined, and the characteristics of an animal as a specific tangible good needed to be presented. The need to address the issue is determined primarily by the awareness that the way of human life and human attitude to animals has been changing with the development of civilisation. In any case, the changes that have taken place in this area in recent decades make the title issue topical and conducive to verify previous findings. It is assumed that the research carried out will contribute to the development of an optimal model of legal protection of animals and to the development of legal science. The very dissemination of the results is to raise the social awareness of the legal status of animals, which is one of the conditions of further progress of civilisation.
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Lazíková, Jarmila. "The Consumer Policy in the Eu Law / Spotrebiteľská Politika V Práve Eú." EU agrarian Law 5, no. 1 (June 1, 2016): 21–26. http://dx.doi.org/10.1515/eual-2016-0003.
Full textAbstract:
Abstract Consumer protection is a dominant policy of the EU. Despite this fact, the article 169 of the Treaty on Functioning of the European Union does not enable to adopt the binding legal laws on consumer protection per se. The binding legal laws could be adopted only within the context of other politics and activities on the internal market of the EU. The paper addresses the consumer policy and its status in the EU law by the historical development and legal analysis of the article 169 of the Treaty, secondary law development of consumer protection, jurisprudence, and judicature of the Court of the Justice of the EU.
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Ghali, Nawel. "Women’s status in Tunisia post revolution, legal acquis and real achievements." Research in Social Change 12, no. 1 (January 1, 2020): 83–101. http://dx.doi.org/10.2478/rsc-2020-0005.
Full textAbstract:
Abstract Under the umbrella of democratic transition, a new constitution was written which encourages more for gender equality and provides Tunisian women with further rights, mainly the political ones, to improve more the status of women within the complexity of the Tunisia society. This paper intends to focus on the Gender Gap Index, a methodological approach for the measurement of gender equality published by the World Economic Forum, to examine the regulations on women’s rights in the Tunisian constitution and to connect the statistics with legal achievement in order to try to answer the main research question: to what extent laws about Tunisian women’s rights are translated in practice?