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Journal articles on the topic "Legal status, laws etc"
1
Kopecký, Martin. "Důsledky trestního řízení pro postavení zaměstnanců veřejné správy." AUC IURIDICA 69, no. 4 (December 4, 2023): 21–44. http://dx.doi.org/10.14712/23366478.2023.43.
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Laws regulating the legal status of individuals who professionally perform tasks of public administration (such as civil servants, police officials, appointed or elected representatives of administrative authorities, etc.) impose certain requirements on these individuals. One of these requirements is criminal integrity, which means that these individuals should not have a criminal conviction. The laws regulating the legal status of various categories of public employees differ in terms of whether they prohibit individuals convicted of intentional crimes from performing public tasks, or if they also include individuals convicted of criminal negligence. Furthermore, different laws handle the consequences of initiating criminal proceedings differently. This paper examines the laws that regulate the legal status of different categories of public employees and highlights the common elements and differences among these laws. The analysis concludes by outlining general rules that should be applied to all public employees.
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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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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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Kaminska, Nataliia. "Authority of organs of constitutional jurisdiction on issues of international agreements: the experience of foreign states and Ukraine." ScienceRise: Juridical Science, no. 2(24) (June 30, 2023): 4–10. http://dx.doi.org/10.15587/2523-4153.2023.283460.
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In the conditions of Ukraine's implementation of the status of a candidate for EU accession, post-war reconstruction, the Constitutional Court of Ukraine, along with other authorities, is entrusted with the important mission of affirming and implementing universal human values and international standards. The purpose of the article is a comparative analysis of the powers of the organs of constitutional jurisdiction on issues of international treaties, for which the following tasks must be solved: - to find out the state of regulation of the powers of organs of constitutional jurisdiction relating to international treaties in the Constitution of Ukraine and the constitutions of foreign states; - to generalize the trends and regularities of the constitutional and legal provision of powers of these organs in this direction; - to determine prospective directions of improvement of the constitutional and legal regulation of the powers of the ССU in the conditions of European integration. The methodological toolkit of the research consists of general scientific and special legal methods (dialectical, comparative legal, logical, epistemological, axiological, formal-legal, structural-functional, hermeneutic, statistical, prognostic, etc.), systemic, pluralistic, complex approaches, appropriate methodological principles
The constitutional and legal regulation of the powers of organs of constitutional jurisdiction is carried out in the constitutions, in most states there are special laws (constitutional or organic) on the constitutional court (council, tribunal, etc.), which regulate in detail the functions, powers of these organs and their members, the order of formation, procedures of activity etc. The main powers of these organs include, inter alia, consideration of issues of compliance of laws with ratified international treaties, provisions of other acts, issued by central state organs, with the constitution, ratified international treaties and laws (prior and subsequent constitutional control). The scope of competence of the organs of constitutional jurisdiction of foreign states and their effectiveness is much greater than that of the ССU, so it is advisable to modernize it. In particular, the experience of Slovakia and Poland is worth noting, especially in view of their accession to the EU, the expansion of the competence of constitutional jurisdiction organs and certain procedures of their activities, including constitutional control over international treaties
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Minnikes, Irina. "Notes, Resolutions, and States in the System of Normative Legal Acts of the Russian Empire in the Early XIX Century." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, no. 2 (May 16, 2024): 205–13. http://dx.doi.org/10.21603/2542-1840-2024-8-2-205-213.
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In the early XIX century, the legal practice of the Russian Empire used several forms of normative legal acts. The legalized forms were provided for by Article 53 of the Code of Laws of the Russian Empire. The list included manifestos, decrees, instructions, etc. The author matched normative legal acts with the legal prescriptions that implemented them, as well as identified the forms of normative acts that were not provided for by the Code of Laws. The Complete Collection of Laws of the Russian Empire also contained some other forms of normative acts, not mentioned in the Code. These other forms included timesheets, posters, plans, journals, etc., approved by the Emperor. States, resolutions, and notes were the most popular variants. States determined the composition of a specific business entity or element of a state mechanism, e.g., a ministry, an office, a police or military unit, etc. Sometimes, they indicated positions and corresponding salaries. Resolutions were Emperor’s written responses to an action (message or act) of a government representative. Notes were proposals of specific measures and actions sent to the Emperor by a government representative. The Emperor gave them legal force with certain formulas, e.g., To Execute or So Be It. These forms of acts were quite wide-spread during the reform period. The article describes the place of states, resolutions, and notes in the system of normative acts, as well as provides their quantitative analysis.
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Batyushkina, Marina Vladimirovna. "Laws on Approval of Program-goal Documents: Genre Approach." International Journal “Speech Genres” 28, no. 4 (2020): 263–77. http://dx.doi.org/10.18500/2311-0740-2020-4-28-263-277.
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The article presents the results of a study of the functional, formal and substantive features of the texts of Russian laws, which approve program-goal docments (development strategies, concepts, programs, forecast plans, etc.). The article is based on discourse and genre approaches to the study of legislative texts, the legislative text space as a whole. It is noted that, on the one hand, this type of laws reflects the general features of modeling and transроforming of modern legal discourse; reproduces the institutional aspects of the legislative process; broadcasts legislative intentions, strategies and tactics. On the other hand, laws that approve documents of a program-goal nature have distinctive characteristics that allow defining these laws as a separate subgenre type. The subgenre of law is defined by the author on the basis of the following parameters: (1) intention of the uthor; (2) the purpose and functions of the law; (3) the factor of the subject of legal discourse (author/addressee of the law); (4) spatio-temporal and other circumstantially determining characteristics reflected in the text of the law explicitly or implicitly (who adopted and signed the law, during which period and in which territory it is applied, etc.); (5) type of institutional action; (6) the institutional status of the law within the system of laws; (7) subject-thematic “radius” of the text; (8) formal segmentation of text; (9) features of the correlation of functional semantic types of speech; (10) degree of uniformity, subgenre markers and clichés. The formal and informative structures of program-approving laws are analyzed on the basis of the fol-lowing segments: pretext and post-text details, intra-text components, post-text application (approved document). These segments are analyzed from various points of view: obligation, localization, combinatorics, unification, etc. When conducting research, special attention is paid to structural, typological, comparative and other types of analyzes.
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Pan, Guangxin, Tianfeng Guo, and Junjie Xia. "On the Development Status and Strategy of Digital Currency of the Central Bank of China." Finance and Market 5, no. 4 (December 22, 2020): 328. http://dx.doi.org/10.18686/fm.v5i4.2967.
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<p> With the gradual rise of financial science and technology, the traditional currency tends to be eliminated due to various limitations. Digital currency technology based on block chain technology emerges as the times require. With the gradual deepening of the research on legal digital currency by the central bank, the implementation of legal digital currency will be the inevitable choice of China’s economic development, and also the inevitable requirement of complying with the trend of economic globalization and informatization. This paper studies the development status of digital currency at home and abroad and the importance of central bank issuing digital currency, and analyzes the main causes of the risk problems of circulation environment, laws and regulations, financial system and technical system faced by the Central Bank of China in promoting digital currency, including the implementation of laws and regulations, protection of users’ rights and interests, establishment of monitoring and analysis department, promotion of digital currency, etc. This paper puts forward specific measures and suggestions for the central bank to issue digital currency.</p>
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Kakitelashvili, Mikhail M. "Prosecutor’s office in the system of public authorities in the CIS countries." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 131–37. http://dx.doi.org/10.17816/rjls18999.
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The article reveals the place of the prosecutors office in the system of separation of powers of these states based on the analysis of the constitutions and legislation of the member states of the Commonwealth of Independent States. The purpose of the article is to determine the best ways to improve the legal status of the prosecutors office to increase the effectiveness of the Russian prosecutors office.
The objectives of the study are to identify the general and particular in the legal status of the prosecution bodies of the CIS member states, to identify the main trends in the development of the institute of prosecution in these countries.
The object of the research was social relations defining the place of the prosecutors office in the system of state power, and the subject was directly the norms of law governing the activities of the prosecution authorities and the practice of their application. The research methodology is general scientific methods of cognition (dialectical, analysis and synthesis, modeling, etc.). The article contains a comparative legal analysis of constitutions and laws on the prosecutors office of the CIS member states. The author comes to the conclusion that international associations of prosecutors have a significant influence on the process of forming the legal status of prosecution authorities in the world. It is concluded that in the CIS member states there was no uniform model of prosecution bodies and, accordingly, there was no uniform approach to determining the place of the institute of prosecution in the system of separation of powers.
On the basis of the study, a tendency has been revealed to increase the influence of the President on the institute of the prosecutors office in a number of CIS countries. The author, after analyzing the laws of the CIS countries and Russian law enforcement practice, comes to the conclusion that it is expedient to adopt legislative and organizational measures aimed at embedding the Russian prosecution authorities in the system of presidential authority.
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Lapidoth, Ruth. "International Law within the Israel Legal System." Israel Law Review 24, no. 3-4 (1990): 451–84. http://dx.doi.org/10.1017/s0021223700010025.
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Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.
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Kapustin, Aleksei Yevgenyevich. "Russian Law Codes in the 19th and 20th Century and Women: From Gaps and Inequalities to Legal Recognition and Legal Equality." Vesnik pravne istorije 1, no. 1/2020 (February 3, 2021): 123–40. http://dx.doi.org/10.51204/hlh_20105a.
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The article is devoted to the main problems in overcoming the gaps in women’s rights and establishing the principle of equality of the sexes in Russia in the 19th and 20th century. Historically, the legal status of women in Russia covered only marriage, family and inheritance relations. However, during the period covered by this article, the legislator ensured the political rights of women and recognized women as independent subjects of public law. The problem of the legal status of women in Russia has recently acquired not only theoretical, but also practical significance. The study of this problem was carried out relying not only on scientific articles, but also on legal sources and historical documents, such as the Collection of laws and orders of the government of Saint-Petersburg, Decree of the Provisional Government of July 20 1917 etc. The author comes to the conclusion that the evolutionary path of women’s rights in Russia had its own identity, while taking into account the experience and legislative practice of other countries.
Dissertations / Theses on the topic "Legal status, laws etc"
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Herauf, Todd J. "Immunity for New Mexico Public School Districts and the 1978 Tort Claims Act." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc699955/.
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In a 3-year timeframe, nearly 800 student negligence suits were filed, and most involved some claim of personal injury. Despite heightened public attention of negligence lawsuits against school districts and their employees, an empirical study of court decisions revealed that the volume of litigation against school districts remained steady from 1990 to 2005, the majority of cases were ruled in favor of the school district employees, and government and official immunity were most often the basis for these rulings. Researchers have concluded that immunity laws are strong in the United States, although they vary by state in their application. However, a primary recommendation was that, because of the misconception of a lack of immunity for public school employees, a comprehensive study on governmental and official immunity is needed. This dissertation employed legal research, analysis, and methodology to engage in a comprehensive investigation of teacher immunity in the four southern states of Texas, Oklahoma, Mississippi, and New Mexico. Of central concern to this dissertation was the Tort Claims Act of 1978 from the State of New Mexico. The Tort Claims Act is the vehicle by which immunity is granted to public school employees. Court findings over the last 35 years point to three primary domains under which cases pertaining to immunity fall: negligence (62.5%), evaluation and supervision (16.7%), and student discipline (8.3%). Immunity appears strong across all three domains; however, only future studies on cases by state will determine whether states in the southwest United States are the norm or an anomaly.
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Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.
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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.
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Falcon, Paulette Yvonne Lynnette. "If the evil ever occurs : the 1873 Married Women's Property Act : law, property and gender relations in 19th century British Columbia." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/30571.
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This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient.Arts, Faculty of
History, Department of
Graduate
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Latulippe, Chloé. "Territoire, mouvement et protection des minorités en droit international : le cas des Roms et des Gens du voyage." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101820.
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In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.
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Badr, Yasmine. "The foetus in Sunnī Islamic law : an introduction." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33868.
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The foetus and its legal status in Sunni Islamic law constitute the topic of this thesis. This topic was chosen due to two main reasons. First, it is a topic of great social relevance, particularly with regards to the issues of abortion, ensoulment and foetal rights. Second, it is a topic that has received scant scholarly attention. Indeed, we find that many scholars deal with issues related to the foetus such as inheritance, bequests and blood-money inter alia in their discussions of such issues. We do not find a work concentrating solely on the foetus, thereby gathering many rulings concerning it in a single oeuvre. Hence, given the current state of scholarship as well as the social relevance of the rulings concerning the foetus, this topic was chosen as the main theme of this thesis.This thesis explores the different tools utilized by jurists to arrive at these rulings. It tackles the issues of conception, ensoulment, abortion and gestation before proceeding to the rulings concerning the foetus' parentage, inheritance and blood-money. In doing so, it resorts to fiqh books from the four Sunni schools of law. It argues that the foetus was recognized as a "person" under the law and that great effort was extended towards securing many rights in its favour.
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Trilsch, Mirja A. "Gender-based persecution and the 'particular social group' category : an analysis." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31176.
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This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,
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Dube, Misheck. "Widowhood and property inheritance in Zimbabwe: experiences of widows in Sikalenge ward, Binga District." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/200.
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Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.
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Werling, Mark. "Knowledge of Indiana school law possessed by Indiana public secondary school teachers." Virtual Press, 1985. http://liblink.bsu.edu/uhtbin/catkey/458831.
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The purpose of the study was to assess the general knowledge of Indiana school law possessed by Indiana public secondary school teachers. The population consisted of three hundred and thirty randomly selected Indiana public secondary school teachers.A researcher developed assessment instrument comprised of thirty items from Indiana school law in the areas of teacher tenure, pupil control, and tort liability was utilized. One statistical hypothesis and six statistical subhypotheses were analyzed with a Z test. The five percent level of significance was established as the probability level for non-acceptance of the hypothesis and subhypotheses.Conclusions1. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of pupil control, and tort liability is likely between seven and fifteen.2. There is no significant difference in the level of knowledge of Indiana school law possessed by Indiana public Indiana school law in the combined areas of teacher tenure, secondary school teachers when grouped according to years of teaching experience, location of their teacher education training, and inclusion of instructional units on school law in their teacher education training.3. The percentage of Indiana public secondary teachers who possess a fair or better level of knowledge of Indiana school law in the area of teacher tenure is likely between four and twelve.4. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of pupil control is likely between twenty-two and thirty-four.5. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of tort liability is likely between seventeen and twenty-seven.
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Clouet, Johanne. "La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridique." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115989.
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In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers.Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels.
First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity.
Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors.
We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.
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Beamer-Downie, Darcy. "Freight forwarders' liability during international multimodal transportation." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33354.
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Over the past 30 years the transportation of goods has developed beyond recognition. The transportation infrastructure is sophisticated and relatively efficient and it is not unusual for goods to be shipped by more than one mode of transportation. Unfortunately, private law has not kept pace with these infrastructure changes. Therefore, a different liability regime applies to every unimodal type of transportation. Though, each unimodal regime is usually based on similar principles they are sufficiently different, from each other, to create a great deal of uncertainty when trying to assess the liability of the participants, in the transportation venture. Such uncertainly is highlighted, for example, when the exact time of the loss or damage cannot be ascertained---which liability regime is applicable?An individual who engages a forwarder will not be particularly concerned with the above and generally assumes that by dealing with a forwarder, the forwarder will be liable for any loss or delay. Unfortunately, this is not always the case and depending on the terms upon which the forwarder contracts i.e. as agent, principal, carrier etc., and the application of any mandatory liability regime the forwarder may limit or escape liability altogether. Thereby leaving the customer without an effective remedy.
In this thesis we have examined the common law evolution of the freight forwarder from their traditional role as agents to their modern sophisticated role, as a "one stop shop," which more closely resembles that of principal. With particular emphasis on how forwarders' have coped with the advent of multimodal transportation and its legal uncertainty.
Books on the topic "Legal status, laws etc"
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Crawford, Tad. Legal guide for the visual artist. 4th ed. New York: Allworth Press, 1999.
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2
E, Warner Ralph, and Hertz Frederick, eds. Living together: A legal guide for unmarried couples. Berkeley, CA: Nolo, 2001.
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3
E, Warner Ralph, and Hertz Frederick, eds. Living together: A legal guide for unmarried couples. Berkeley, Calif: Nolo, 2006.
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4
Prasad, Raj. A digest of selected California laws related to certificated personnel. Burlingame, CA: Association of California School Administrators, 1994.
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Prasad, Raj. A digest of selected California laws related to certificated personnel. Burlingame, CA (1575 Old Bayshore Hwy., Burlingame 94010): Association of California School Administrators, 1985.
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Khan, Muniza Rafiq. Socio-legal status of Muslim women. New Delhi: Radiant Publishers, 1993.
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Khan, Muniza Rafiq. Socio-legal status of Muslim women. New Delhi: Radiant, 1992.
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J, Olney Patricia, ed. Up against the law: Your legal rights as a minor. New York: E.P. Dutton, 1985.
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Tony, Lyons, ed. The writer's legal guide. New York: Allworth Press, 1997.
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Tony, Lyons, ed. The writer's legal guide. 2nd ed. New York: Allworth Press, 1998.
Find full textBook chapters on the topic "Legal status, laws etc"
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Rosas, Allan. "European Union Law and National Law: A Common Legal System?" In International Actors and the Formation of Laws, 11–28. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98351-2_2.
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AbstractEU law and the national laws of the EU Member States are closely interwoven. From a historical point of view, they form two different legal orders, but they may today be viewed as forming part of the same legal system. The chapter explains the relationship between EU law and national law by looking first at the status of EU law in national law and then at the relevance of national law to EU law. The status and impact of EU law in domestic legal systems have already received a great deal of attention in the legal doctrine, and the chapter therefore particularly focuses on the second aspect, which has to date received far less attention. The role domestic laws play at the EU level is examined here by looking at the different functions that Member State national laws have in an EU law context by examining the relevance of national material (substantive) and procedural and institutional laws at the EU level. This chapter concludes that the relationship between EU law and domestic laws is fundamentally different from the traditional dichotomy between public international law and domestic law. Member State national laws have directly impacted, and continue to impact, the substance of EU law. Furthermore, the way in which EU law instrumentalises domestic laws—in particular domestic institutional law—for its own purposes and harnesses national administrative bodies to the same end suggests that EU law and national law are best understood as forming a single complex system of multi-level governance.
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Верба, Ольга Богданівна, and Андрій Віталійович Гайченко. "1.3. Гарантії захисту прав осіб у виконавчому провадженні." In Серія «Процесуальні науки», 80. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-758-3-1-3.
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The part of a monograph is devoted to the principles of enforcement proceedings analysis, established under the Law of Ukraine «On Execution Procedure» and «On Bodies and Persons Engagedin the Execution of Judgments and The Other Jurisdictional Bodies Decisions». An excursion of the researches in the field of general theory of law positions concerning the notion, value, classificationof the principles of law has been carried out and these developments has been extrapolated on the system of enforcement proceedings principles and the organization and practice of executors principles.From the analysis of articles texts, which lists enforcement proceedings principles and the organization and practice of the State executive service and private executors principles, it follows that the legislaturemainly duplicates general (constitutional), interbranch principles of law, failing to formulate principles inherent exactly the institution of jurisdictional bodies decisions enforcement. It has been concludedthat there is no necessity in such duplication, because these principles have already been objectified in other legal acts in the form of separate articles (directly) or follow from logical, lexical analysis and so from their contents (indirectly). Based on the main purpose for legislative confirmation of law principles list, which is to facilitate filling the gaps in the legal regulation by applying the analogy of law, the authorsconsider that the legislative confirmation of only the principles of integrated interdisciplinary institute of enforcement proceedings would be more effective.The legal nature and subject, respectively, of judicial and departmental control over the actions of private executors are studied.Methods (forms) of judicial control over the actions of executors in the course of decisions of courts and other jurisdictional bodies enforcement contained in the procedural legislation are identified: Section VII of the Civil Procedural Code of Ukraine, Section VI of the Commercial Procedural Code of Ukraine, Art. 287 and Section IV of the Code of Administrative Procedure of Ukraine.It is concluded that procedural actions (decisions, actions or omissions) of a private executor, committed during the enforcement of the decision as the final stage of the legal process in accordance with theLaw of Ukraine «On Enforcement Proceedings», are subject to judicial control, with only the court checking the legality of procedural actions of private executors only if the parties (participants) of enforcement proceedings receive complaints, ie, court control is neither periodic or current, nor planned or unscheduled, etc., in contrast to departmental control; the court checks the legality of the executor’s actions, not their expediency; court control is exercised within the procedural form.The court establishes the facts of violations (or their absence) in the procedural actions of private executors; the court restores the violated rights of the complainant by revoking (changing) the procedural decision of the private executor or his obligation to take appropriate procedural actions.It is stated that the institute of a separate decision can be applied by the court in relation to illegal actions of executors. Unlike the judiciary, the Ministry of Justice monitors the activities of a private executor byconducting scheduled and unscheduled inspections.The grounds, procedures and consequences of bringing private and public executors to justice have been studied, which have many differences, as the legal nature of the status of public and privateexecutors differs significantly. Such legislation is discriminatory against private executors compared to public executors.Based on the statutory principle of dispositive enforcement proceedings, the Ministry of Justice has no right to inspect procedural decisions, actions or inaction of a private executor on its own initiativewithout a complaint (administrative claim) of the participant in enforcement proceedings (and only after a court decision on this issue).Instead, written appeals of participants in enforcement proceedings regarding the actions of a private executor as a basis for unscheduled inspections of private executors, should be considered in the mannerprescribed by Art. 3 of the Law of Ukraine «On Citizens’ Appeals».The actions of a private executor as a subject of a written appeal of participants to the Ministry of Justice may not be related to the procedural activities of a private executor during the enforcement proceedings and must have signs of disciplinary misconduct.It is concluded that the subject of departmental control of the Ministry of Justice of Ukraine is the sphere of organization of private executors – powers under the Law of Ukraine «On bodies and personsenforcing court decisions and decisions of other bodies», and not their procedural actions during enforcement proceedings.
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Bermúdez Figueroa, Eva, Valerija Dabetić, Raquel Pastor Yuste, and Zara Saeidzadeh. "Gender and Structural Inequalities from a Socio-Legal Perspective." In Gender-Competent Legal Education, 95–142. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_4.
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AbstractThis chapter critically analyses different socio-legal phenomena through a feminist prism on gender. With an aim to promote gender equality, it addresses the problems of structural gender inequalities in both private and public social spheres. Outlining the political, economic and ideological connection between laws and specific social contexts, it uncovers (hidden) effects of social reproduction and construction of gender and sexuality. Deconstructing the gender binary system and provoking a heterosexual matrix, it shows how traditional, patriarchal gender roles determine and establish the social position in the structure of society. Dealing with the gender (in)sensitive education, production, and reinforcement of gender inequalities in the labour market, and media (re)presentation of gender and symbolic violence, it shows how widely accepted values and gender roles shape, and ultimately define, the access to social resources, professional positions and social status. Limiting research to only some areas of this broad socio-legal thematic, this chapter addresses some policies for overcoming structural inequalities based on gender.
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Stein, Torsten, and Sabine Thomsen. "The Status of the Member States’ Nationals under the Law of the European Communities." In Die Rechtsstellung von Ausländern nach staatlichem Recht und Völkerrecht / The Legal Position of Aliens in National and International Law / Le régime juridique des étrangers en droit national et international, 1775–826. Berlin, Heidelberg: Springer Berlin Heidelberg, 1987. http://dx.doi.org/10.1007/978-3-642-71522-8_34.
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Sprink, Thorben, and Ralf Wilhelm. "Genome Editing in Biotech Regulations Worldwide." In A Roadmap for Plant Genome Editing, 425–35. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-46150-7_25.
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AbstractSince the introduction of genome editing techniques in breeding and the first commercial products on the market, various governments or jurisdictions have attempted to clarify the legal classification of genome editing in relation to their genetic engineering regulations. Only a few countries, including Europe, fully apply their strict genetic engineering laws to genome-edited organisms or products derived from them. Most countries with liberal regulations base classification on the absence of foreign DNA in the final product (including the USA and Canada, which de facto have no specific GMO laws). Countries such as Australia and Japan have introduced subcategories when sequence templates have been used in the genome editing process. Several countries, including Europe, are in the process of revising their GMO legislation. The international legislative landscape is thus dynamic. The heterogeneity of regulatory regimes poses a challenge for international trade. This chapter summarises the status as of June 2023 and provides a brief introduction to the main legal concepts.
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Wily, Liz Alden. "Transforming legal status of customary land rights: what this means for women and men in rural Africa." In Land governance and gender: the tenure-gender nexus in land management and land policy, 169–81. Wallingford: CABI, 2021. http://dx.doi.org/10.1079/9781789247664.0014.
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Abstract This chapter provides an overview of land tenure reform, which should, in theory, prove a potent trigger towards equitable land relations between men and women in the customary land sector. This has been progressively underway in Africa since the 1990s. Broadly, a common objective is to release customary rights from their historical subordination as occupancy and use rights on presumed unowned lands, and much of which land remains vests in governments as ownercustodians. Or, where national laws have treated customary rights more equitably, a principal aim of reforms is to increase their security by these rights to be registrable without their extinction and conversion into statutory private rights. In short, this new phase of African land reform could signal the end of 70 years of intended disappearance of customary tenure as formally advised by the East African Royal Commission in 1955 and core elements of which were also adopted by France in respect of its own African possessions.
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Delgado, Isaac Martín. "Spain." In General Principles and Sector-Specific Rules in European Administrative Laws, 64–72. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198867579.003.0010.
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Abstract In the Spanish legal system, assuming a legal–dogmatic perspective, administrative procedure qualifies as a self-governing legal institution with constitutional status and a threefold purpose: (i) to serve the public (general) interest, (ii) ensure the legality of administrative (public authorities’) action, and (iii) engage citizens in administrative decision-making and adjudication. This threefold purpose is stated in the 1978 Spanish Constitution which establishes some principles, rights, and standards applicable to administrative procedure—objectivity, transparency, participation, access to information, efficiency, rationality, effective remedy, etc. The two main Acts regulating administrative action (Ley 39 and Ley 40/2015) and the sectoral administrative law have incorporated all of them in many different ways, as expression of the right to good administration, which, even if not explicitly recognized by the Constitution, constitutes a clear guide to the Spanish courts.
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Lampoltshammer, Thomas J., Andres Guadamuz, Clemens Wass, and Thomas Heistracher. "Openlaws.eu." In Achieving Open Justice through Citizen Participation and Transparency, 173–90. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-0717-8.ch009.
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Legal texts represent a fundamental building block in all democratic states. As such, legal information must be accessible to all members of society to the widest possible extent, to aid inclusiveness and to enable participation in public decision-making. In recognition of this, the EU and its Member States work to make laws, court decisions, etc. publicly available online. The sheer mass of legal norms, instruments, and interpretations in court decisions, commentaries and other sources, makes it increasingly difficult for citizens, civil society, businesses, and all involved stakeholders in legal practices to locate the relevant law. The challenge is to interlink local legal information and to have structures in place to enrich this information through aggregation and mass customization. The technological possibilities to achieve this goal do exist. The European project openlaws.eu aims for initiating a platform and to develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.
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Montini, Michel. "Recognition of Foreign Decisions Concerning Civil Status of LGBTI Persons and Private International Law." In The Oxford Handbook of LGBTI Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780198847793.013.23.
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Abstract This contribution focuses on the rights of LGBTI people and their family in relation to civil status issues and the international recognition of related changes in view of the divergences (applicable law, order public, etc.) between various legal systems. Topics covered include gender identity, marriage, civil unions, and various forms of registered partnership, as well as parent–child relationships established by law, recognition, or decision (adoption, surrogacy). The standards of various international institutions, both universal and regional (UN, Council of Europe, etc.) and specialized (International Commission on Civil Status, Hague Conference), and the case law of human rights courts (European Court of Human Rights, Inter-American Court of Human Rights) and national supreme courts are reviewed, as well as the Yogyakarta Principles.
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Köbel, Szilvia. "The Legislative Power." In Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 273–92. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_15.
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In this chapter, we present the legislative branches of eight countries (Poland, Czech Republic, Slovakia, Romania, Serbia, Croatia, Slovenia and Hungary) through the following subjects: a) legislative bodies and sources of parliamentary law (laws regulating the function of the parliament, bylaws etc.); b)the authorities of parliaments; c) the officeholders of parliaments, the house president, and committees of parliaments; d)parliamentary groups; e) the legal status of officeholders (rights of the MPs, conflict of interest, immunity). The structure of the study follows the order of the above-mentioned subjects and treats them as subchapters. At the beginning of each subchapter is a short explanation of the subject, highlighting in broad terms what it wishes to showcase. The study focuses on the legislative branches of governments as the main goal of the study is to observe their legislative ecosystem and organs, powers and members.
Conference papers on the topic "Legal status, laws etc"
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Milosavljevic, Miroslav, and Jelena Milosavljevic. "PROFESIONALNO UPRAVLjANjE STAMBENIM ZAJEDNICAMA - NOVA USLUŽNA DELATNOST PRIVREDNIH SUBJEKATA U REPUBLICI SRBIJI." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.423m.
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Two years ago, the Law on Housing and Maintenance of Buildings was adopted, which contains several new solutions that did not exist in the current Serbian legislation. One of these newspapers is the introduction of professional housing managers, who carry out a number of services to housing communities, regardless of whether the buildings are registered or not in the real estate register, and regardless of whether they were, possibly, built contrary to the law on planning and construction, since they have acquired the status of a legal entity by their very existence, on the day the Law enters into force. In business practice, there are more doubts about how to apply the regulations pertaining to this area, as there is no previous experience. For the above reasons, the authors decided to approach the discussion of the topic, first of all by defining the concept and legal position of the professional manager, determining the conditions for its appointment, and the role in maintaining buildings, etc., analyzing the newly adopted law and accompanying regulations. At the end of the work, an appropriate conclusion is given, which, hopefully, will help to properly apply the existing normative solutions in practice.
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Демидова, П. И., and А. А. Кудряшова. "Features of state-legal development in the conditions of economic and political sanctions." In XXIII Международная научная конференция «Цивилизация знаний: российские реалии» «Цивилизационные задачи современного правоведения: наука, образование, практика» (стратегическая панель). Crossref, 2022. http://dx.doi.org/10.18137/cz22.2022.87.35.001.
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В данной статье определены ведущие тенденции развития Российской Федерации в условиях введённых санкций, рассмотрен вопрос их влияния на различные сферы жизни общества и обозначены пути решения возникших проблем. Высказываются рекомендации по преодолению санкций и развитию в новых политических и экономических реалиях отдельных отраслей социально-экономической политики российского государства — здравоохранения, социального обеспечения, образования, туризма, экономики и др. Перечисляется перечень возможных последствий от введённых санкций, как положительных, так и отрицательных. Научная новизна работы заключается в том, что на Российскую Федерацию в настоящее время ежедневно накладываются всё новые и новые пакеты санкций со стороны ряда европейских государств и США. Целью исследования является изучение информации о сложившейся в настоящее время ситуации в нашем государстве и последующее определение влияния на обстановку в стране введённых санкций, последствиями которых выступают уходы с российского рынка многочисленных компаний. Проанализировав статью, можно сделать краткие выводы: 1. Тенденция импортозамещения позволит нашему государству выйти на новый экономический уровень, стать независимым от европейского рынка, а также снизить общий уровень цен на российском рынке. 2. Малый и средний бизнес при нынешних условиях лишается большей части конкурентов и получает стимул на развитие, в том числе в сфере туризма. 3. Политическая сфера также получает шанс на развитие посредством поднятия рейтинга доверия населения к действующей власти. 4. Санкции положили начало модернизации права в социальной сфере, так как осуществляется принятие новых законов по степени возникновения новых санкций. 5. Единственной отрицательной особенностью выступает психологическая атмосфера населения – повышается общая тревожность в обществе. Однако, при ускоренном развитии всех вышеперечисленных сфер, это явление быстро пойдёт на спад, так как в таком случае люди убедятся в незначительности последствий санкций. This article identifies the leading trends in the development of the Russian Federation under the imposed sanctions, examines the issue of their impact on various spheres of society and identifies ways to solve the problems that have arisen. Recommendations are made on overcoming sanctions and developing certain branches of the socio-economic policy of the Russian state in the new political and economic realities — healthcare, social security, education, tourism, economy, etc. The list of possible consequences from the imposed sanctions, both positive and negative, is listed. The scientific novelty of the work lies in the fact that new and new packages of sanctions from a number of European states and the United States are being imposed on the Russian Federation every day. The purpose of the study is to study information about the current situation in our country and the subsequent determination of the impact on the situation in the country of the sanctions imposed, the consequences of which are the departures from the Russian market of numerous companies. After analyzing the article, we can draw brief conclusions: 1. The trend of import substitution will allow our state to reach a new economic level, become independent from the European market, and also reduce the overall price level in the Russian market. 2. Under the current conditions, small and medium-sized businesses lose most of their competitors and receive an incentive to develop, including in the tourism sector. 3. The political sphere also gets a chance to develop by raising the rating of public confidence in the current government. 4. Sanctions marked the beginning of the modernization of law in the social sphere, as the adoption of new laws is carried out according to the degree of occurrence of new sanctions. 5. The only negative feature is the psychological atmosphere of the population – the general anxiety in society increases. However, with the accelerated development of all of the above areas, this phenomenon will quickly decline, since in this case people will be convinced of the insignificance of the consequences of sanctions.
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Grâu-Panțureac, Maria. "Individual entrepreneur - a subject of an active research in terms of affairs of the Republic of Moldova." In International Scientific Conference “30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness”. Academy of Economic Studies of Moldova, 2022. http://dx.doi.org/10.53486/9789975155649.39.
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Individuals can engage in entrepreneurship through small businesses that are easy to manage and do not involve major investments. Subjects of entrepreneurial activity which are people, either individually or in various organizational and legal forms, who are engaged in entrepreneurial activity, i.e. have acquired, through registration or otherwise established by law, the status of entrepreneurs. The legislation grants natural persons the right to engage in entrepreneurship through the following legal forms of organization: a) individual entrepreneur; b) household; c) holder of a patent. In this Article, we will refer to the individual entrepreneur as well as the individual who can do business. The purpose of this research is to carry out a multifaceted analysis of the subject under investigation, i.e. the individual entrepreneur as well as the natural person entitled to start a business and to carry out the entrepreneurial activity in accordance with the legislation of the Republic of Moldova. Research methods. The basic method used to find the sources needed for the study, as well as for the interpretation and systematization of the latest concepts and ideas was the bibliographic method. At the same time, analysis and synthesis, induction and deduction, generalization were used in the research, which created objective, true visions about the principles of legal responsibility and its functional structure. At the same time, analysis and synthesis, induction and deduction, generalization etc. used in the research created objective, true visions about the principles of legal responsibility and its functional structure. Research results. Following the research of the proposed objectives we have managed to analyze the individual entrepreneur in several aspects: definition of the norm, formation and registration, scoring of distinctive features, advantages and disadvantages, as well as ways of shutdown.
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Scoda, Andreea diana. "THE IMPACT OF IMPLICATING TEACHERS FORM THE RURAL AREA IN USING ICT SKILLS AND TOOLS - A MILESTONE." In eLSE 2013. Carol I National Defence University Publishing House, 2013. http://dx.doi.org/10.12753/2066-026x-13-007.
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This paper plans on analyzing recent research studies concerning the impact of using ICT skills and tools for teachers. However, the main focus will be on the impact of implicating teachers from the rural areas in using these skills and tools. Another main focus of this paper will be to: examine the impact of implicating teachers from the rural area in different ICT projects; compare urban and rural results gathered from the teachers; analyses the impact of using ICT skills and tools for teachers from the rural area (utility, personal development, limits, needs etc.); compare the results with other studies on this topic (at a national and international level) etc. It is becoming increasingly difficult to ignore the fact that the European Union is implementing lifelong strategies policies to encourage the development of ICT skills for teachers. In this sense, we can make reference to different documents that underline various aims that have been developed at the European level in order to ensure correlation between Member States (Memorandum on Lifelong Learning, Council Resolutions etc.). Thus, all countries, including Romania is faced with the fact that it has to improve and develop effective teaching and learning methods and contexts for continuum of lifelong learning, including ICT - Based learning technologies. A recent evaluation report steered with the support of eTwinning project shows that teachers from the rural area are developing more and more ICT skills. The evaluation was conducted in the period October-December 2012, by a team of researchers from the TEHNE Romania (The Centre for Innovation in Education) and from the Institute of Education Sciences. The evidence from this partial evaluation report suggest that: 35,4% of the teachers surveyed from the rural area attended online course; 43,6% of the teachers investigated used the eTwinning portal for continuous professional development; after attending the eTwinning program, 75,2% of the teachers surveyed from the rural area are putting more accent on using ICT support tool in their teaching. Methods and techniques: analysis of documents - research studies, laws, regulations circumscribe / structured legal framework of training and education on this issue, as well as: theories, forms, case studies etc.; survey questionnaires (partial evaluation results from eTwining project and other research papers on the topic). Returning to the purpose of this paper posed at the beginning, the article plans on analyzing the impact of implicating teachers from the rural area in developing ICT skills, as well as identifying the level of ICT tools usage: competences reached, limits, needs, opportunities, personal development etc.
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Dinu, Mihai, Sorin Burlacu, Elena Crizantema Vâlcu, and Ovidiu Andrei Cristian Buzoianu. "Analysis of Fiscality and Economic Growth at EU Level." In 9th BASIQ International Conference on New Trends in Sustainable Business and Consumption. Editura ASE, 2023. http://dx.doi.org/10.24818/basiq/2023/09/024.
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Purpose/objectives: What this article proposes is to make a presentation as clear and current as possible of the member states' taxation, direct and indirect taxation being the main categories to which we refer. The choice of the theme was motivated by our interest in discovering the effects of some decisions taken at the European level. It is desired to discover the way and the impact in which taxation influences economic growth in the European community. Design/methodology: Mix research technique has been used. While qualitative research entails in-depth literature readings and reports, quantitative analysis entails presenting data via graphs and tables. Findings: Taxation was and will remain a main component in the general economy that influences the good functioning of a system. Its effectiveness is conditioned by the legal regulations that each state designs individually, but not without the influence of the communities of which it is a part. For example, Romania was conditioned upon its entry into the European Union to modify its laws in order to be at the same level as the states in the Union. It is a laborious process that takes a long time and is constantly changing and improving. The process of designing and implementing these programs is tried to be carried out as easily as possible for each individual state, being individualized by economy, regional power, global impact, etc. The progress of each country entered in this sense is very important and is constantly monitored, and periodic reporting is very useful. Originality/value: The work is an original research work conducted by the researchers. The findings will add to the body of knowledge on the area of research funding in Romania. Possible practical implications: The completed project is addressed to those people who are interested in the fiscal side of an economy, especially understanding the process of economic growth, how difficult it is to reach a favorable situation at such a high level.. It can also represent a starting point for bachelor's, master's level studies, in order to broaden general knowledge, or even in-depth study for a final paper.
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Lulić, Mira, Davor Muhvić, and Ivana Rešetar Čulo. "IN SUPPORT OF THE DEBATE ON THE TERMINOLOGY RELATED TO THE TERMS CLIMATE REFUGEES, CLIMATE MIGRANTS, ENVIRONMENTALLY DISPLACED PERSONS AND SIMILAR TERMS." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27441.
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The paper deals with the terminological issues concerning the growing phenomenon of people fleeing their homes and states because they can no longer live normal lives or any lives at all due to the impact of climate change. This is particularly the case in poor coastal and small island states due to rising sea levels. To date, various terms are used in the scientific literature to describe these people, such as climate refugees, climate migrants, environmentally displaced persons, ecological migrants or eco-migrants, climate induced migrants, seasonal migrants, low-lying peoples, forced climate migrants, climate change-related migrants, survival refugees, etc. These terms are also often used in reports by international governmental and non-governmental organisations, in political speeches and texts, in the media, on social networks, by activists, etc. Since there is no academic and political consensus on the appropriate term, there is also no generally accepted consensus on what exactly constitutes this category of vulnerable people. The paper provides an analysis of existing (proposed) terms and concepts and warns that some of them are ill-suited, misleading, inaccurate, and/or do not comply with (international) law and official legal terminology. This is particularly true for the term climate refugees, as the term refugee under the 1951 Refugee Convention and its 1967 Protocol does not include displacement caused by environmental factors. Without uniform terms, definitions of concepts and clearly stated rights in international and national legal systems, these multi-million groups of people cannot benefit from appropriate and effective legal protection. Based on a critical analysis of the elements of the most commonly used terms and concepts, the paper proposes to discard some of them and advocates for the legally and politically most acceptable solution.
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Strauta, Lūcija. "Sapnis par kosmosa bagātībām – vai kosmosa resursu ieguve ir likumīga?" In LU Studentu zinātniskā konference "Mundus et". LU Akadēmiskais apgāds, 2021. http://dx.doi.org/10.22364/lu.szk.2.rk.15.
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The paper assesses whether the national legal framework of the United States, Luxembourg and the United Arab Emirates, which stipulates that space resources can be privately owned, and legalizes the acquisition of space resources for commercial purposes, complies with international space law. The article analyses the scope of space use delineated by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as the subsequent national practices after the entry into force of these agreements, national space law, national policies and public statements. The aim of the analysis is to determine whether international space law contains a prohibition of the extraction and commercial exploitation of space resources. The study evaluates national comprehensions of the space law content with regard to the freedom to use space. It yields a conclusion that there is no absolute ban on the commercial exploitation of space resources under international space law.
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Oumelkheir, MATOUG, and AYAD Kheira. "The Legal and Political Status of Women in Algeria." In I.International Congress ofWoman's Studies. Rimar Academy, 2023. http://dx.doi.org/10.47832/lady.con1-17.
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Women have a pivotal role to play in the development and renaissance of old and modern societies, proving their potential for positive change in those societies. in various aspects of life, where it has become an important element in the process of change in society The Almighty in his book and Sunna Nabih Muhammad (peace and blessings be upon him), The Holy Quran set the right balance for women's dignity and gave them their full and undiminished rights to safeguard and safeguard their rights contrary to the ancient ignorant people. s rights have undergone a paradigm shift under the Prophet Muhammad, Islam emphasized the protection, empowerment, progress and justice of women's rights. Equity of treatment, right to property, education, inheritance, right to work... etc. Thus, the Islamic sharia was the precursor to the recognition of these rights before they were enshrined in international conventions, national legislation and comparison. As far as Algerian legislation is concerned, as a priority, most of the Government's programs have been established since independence. s rights ", and has been steadily strengthened in recent years as this has been reflected on the ground by the enactment of a number of legal texts in the same context so that they can be strengthened for their application, translated through, for example: Family Code, Act establishing maintenance fund, Labour Code, Health Code, Penal Code, Prison Organization Act... It has also empowered women in political participation to be an essential component of political life in accordance with the quota system through the promotion of women's political representation and public life, all within the framework of the Algerian State's ratification of international conventions in this regard
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Stepanenko, Raviya, Alena Soldatova, Yakov Soldatov, Kirill Lyagin, and Ayaz Saifullin. "Methodological problems of countering terrorism: a theoretical-legal aspect." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.rqkx5127.
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The article discusses the theoretical and methodological problems of studying terrorism and the system of measures to counter it. Traditional methodological approaches have remained the important ways of organizing legal knowledge; they do not fully provide a comprehensive, integrated and systematic analysis of the extremely destructive manifestations of terrorism. Taking into account the implicitness of the methodology of positivist jurisprudence, which assigns a dominant role to the legislative sphere in the prevention of offenses, including crimes, the authors substantiate a synergetic approach. The latter, defining social systems as open rather than closed formations, contributes to a significant expansion of ideas about the negative impact of many factors (political, economic, socio-cultural ones, etc.) on the formation and development of terrorist ideas, views, goals and ways of their implementation. Russian and foreign legislation also notes a multifactorial set of reasons that contribute to the spread of ideology and the transformation of terrorist views and ideas in different states. The interdisciplinarity of synergetics, which studies the phenomenon (system) under consideration, should contribute to the development of a unified scientific view of the nature and essence of terrorism, which is necessary to improve rule-making and law enforcement in matters of global counterterrorism.
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Бекимбетов, Муратбай, Гулрух Сатторбергенова, and Шернияз Баниязов. "THEORETICAL FOUNDATIONS OF SERVICE QUALITY MANAGEMENT." In Status and development trends of standardization and technical regulation in the world. Tashkent state technical university, 2022. http://dx.doi.org/10.51346/tstu-conf.22.1-77-0007.
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The social aspect of quality is related to the attitude of subjects and/or the whole society to the studied object, for example, with the perception and attitude of certain consumers to the corresponding products or services. At the same time, quality can be considered as a category that meets the laws of supply and demand, depending on the level of culture, consumer incomes, etc.
Reports on the topic "Legal status, laws etc"
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Kelly, Luke. Policy and Administrative Barriers to IDPs Accessing Basic Services. Institute of Development Studies (IDS), July 2021. http://dx.doi.org/10.19088/k4d.2021.112.
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Literature shows that IDPs struggle to access services, which has an impact on their ability to live healthy and fulfilling lives. In the field of health, IDPs frequently have worse outcomes than both host community and refugees. This rapid literature review finds evidence of a number of policy and administrative barriers to access of services for internally displaced persons (IDPs). IDPs remain citizens of the countries in which they are displaced, and the national authorities retain responsibility for meeting their basic rights. However, their displacement, loss of livelihoods and assets, lack of documentation, as well as discrimination against them, lack of protection under international law, lack of policy to address their needs, poor services and conflict or disaster conditions, can all make it more difficult for IDPs to access basic services than non-displaced citizens. There is relatively little literature systematically addressing the issue of administrative and policy barriers to service access among IDPs. Much of the literature discusses IDPs alongside refugees (who have a different legal status and access to different national and international support), or discusses the whole range of difficulties facing IDPs but does not focus on administrative or policy barriers. The literature frequently does not compare IDPs and other citizens and service users. Nevertheless, policy and administrative barriers are discussed, ranging from analysis of international instruments on IDPs to documentation procedures in particular countries. Much of the literature shows the prevalence of disease, lack of school attendance, limited provision of services etc. faced by IDPs, but does not discuss the policy and administrative barriers in detail.
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Elnour Abdelkarim, Zeinab. Assessing Sudan's Electoral Legal Framework. International Institute for Democracy and Electoral Assistance, May 2022. http://dx.doi.org/10.31752/idea.2022.18.
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Assessing Sudanʼs Electoral Legal Framework provides an in-depth insight and analysis of Sudanʼs current legal framework for elections. It measures Sudanʼs legal electoral framework against a common international understanding of the principles, norms and obligations that define credible and democratic elections. The objective of this analysis is not to criticize or pass judgement on the countryʼs existing electoral processes; instead, it offers an unbiased assessment of how Sudanʼs existing electoral laws and country context create an enabling or disabling environment for free and fair elections. It provides comprehensive and constructive recommendations to strengthen existing legislation and improve fairness, uniformity, reliability, consistency and professionalism in Sudanʼs future elections. This Report also assesses the status of core democratic principles and freedoms that provide the foundation for credible elections and highlights any restrictions on these fundamental rights and liberties that could interfere with the countryʼs upcoming elections or delay its political transition. It calls upon the transitional government to protect citizensʼ rights and liberties and prevent abuses that may influence public trust, fairness, and openness of electoral and other transitional processes. Lastly, this Report discusses political, socio-economic, and legal issues impacting Sudanʼs roadmap to democratic transition before the October 2021 military coup.
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Martínez Guzman, Juan Pablo. Managing for Development Results in the Dominican Republic. Inter-American Development Bank, May 2013. http://dx.doi.org/10.18235/0009114.
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During the past 11 years, the Dominican Republic has introduced dozens of new laws and regulations aimed at modernizing its national management systems. The new rules represent a step forward in the implementation of Managing for Development Results (MfDR) techniques that will improve the effectiveness of public spending in the country. The implementation of the new legal framework, however, is still in an early stage. This Technical Note analyzes the new legal framework, focusing on the relationship between its components, the inconsistencies or contradictions of the framework, and the status of its implementation. The results of the analysis show that the framework provides a great starting point for MfDR, but that further action is still needed. The Technical Note ends with a list of recommendations that, if followed, should help increase the effectiveness of public expenditure in the Dominican Republic.
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Enfield, Sue. Promoting Gender Equality in the Eastern Neighbourhood Region. Institute of Development Studies (IDS), March 2021. http://dx.doi.org/10.19088/k4d.2021.063.
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This helpdesk report synthesises evidence on the drivers and opportunities for promoting gender equality in the Eastern Neighbourhood region. Although equality between women and men is enshrined in the constitutions and legal systems of all Eastern Neighbourhood countries, and all countries have ratified most of the important international conventions in this area without reservations; women are still subject to social discrimination. Discriminatory laws, social norms, and practices rooted in patriarchal systems inherited from the Soviet era have negative consequences and act as drags upon gender equality. Former Soviet states making the transition from a command economy to a market-driven system need to make changes in governance and accountability systems to allow for women to have agency and to benefit from any nominal status of gender equality. This report considers areas where there are outstanding opportunities to improve women’s situation in Eastern Neighbourhood countries.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/rhaa9312.
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Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that require governments to recognize these rights. Similarly, there have been positive national and regional level court decisions in numerous countries supporting the formal recognition of the collective land and forest rights of Indigenous Peoples, local communities, and Afro-descendant Peoples. RRI research demonstrates that if only 7 countries implemented these new laws, policies, and court decisions, over 176 million hectares would be transferred from government to Indigenous, local community, and Afro-descendant ownership, benefitting over 200 million people (RRI, 2018). The focus of this report, and the Framework itself, is limited to formal recognition of land and forest rights (i.e. delimitation, mapping, registry, etc.). It does not assess the important and subsequent steps of strengthening community or territorial governance, the enforcement of these rights by governments, or the capacities necessary to enable Indigenous, local community, and Afro-descendant organizations to manage or exploit their resources or engage in enterprises or economic development activities – all of which are essential for sustained and self-determined conservation and development. This Framework focuses on the first step in this longer process.