Journal articles on the topic 'Ruling implementation'
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Rizki A, Imron, Rizki Mustika Suhartono, and Safrin Salam. "Implementation of State Administrative Court Decisions: Conception, and Barriers." Musamus Law Review 3, no. 2 (April 14, 2021): 49–57. http://dx.doi.org/10.35724/mularev.v3i2.3449.
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This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.
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Suparto, Suparto. "The Problematics Implementation of Law and Regulations Testing in Indonesia." Yuridika 37, no. 1 (March 1, 2022): 75–92. http://dx.doi.org/10.20473/ydk.v37i1.28627.
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One of the results of the constitutional change, particularly during the 3rd amendment in 2001 is related to the arrangement of judicial powers exercised by two state institutions; the Supreme Court (MA) and the Constitutional Court (MK). Both as executors of judicial power are given different duties regarding the object of testing a statutory regulation. The Supreme Court is based on Article 24A Paragraph (1) of The Constitution of 1945 relating to the authority to test the legality of statutory regulations under the law against laws, while the Constitutional Court is given the authority to examine constitutionality of laws against the Constitution of 1945 based on Article 24C Paragraph (1) of the Constitution of 1945. Based on the research, it was found that the two state institutions, namely MA and MK, are both given authority in examining the legislation causing problems such as the following : (1). Potentially raises the insynchronity between the Supreme Court's ruling and the Constitutional Court's ruling. (2). The Supreme Court's decision is considered by the Constitutional Court in making the decision. (3). There is a temporary suspension of testing in the Supreme Court (MA). This can affect the institutional relationship between judicial institutions, the image and the authority of the court's rulings, can also cause legal uncertainty so that it will harm the interests of the justice-seeking community.
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Grover, K., M. Gatt, and J. MacFie. "The effect of the EWTD on surgical SpRs: a regional survey." Bulletin of the Royal College of Surgeons of England 90, no. 2 (February 1, 2008): 68–70. http://dx.doi.org/10.1308/147363508x260050.
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The implementation of the European Working Time Directive (EWTD) has changed the way surgical training is delivered in the European Union. The Jaeger ruling by the European Court of Justice states that health service employers must guarantee an 11-hour rest period within any 24-hour time period, while the SiMAP ruling has enshrined the concept of all time spent at work being classified as working time. To comply with these rulings, as of August 2004 most NHS Trusts across the UK have implemented shift systems for junior doctors. Numerous factors influence an individual's ability to adapt to working shifts and this has major implications both for patients and for surgical trainees.
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Yartsev, R. V., and A. A. Akopyan. "SPECIAL RULING (COURT RULING) IN THE SYSTEM OF JUDICIAL DECISIONS IN THE IMPLEMENTATION OF CRIMINAL PROCEEDINGS." Vestnik of Lobachevsky University of Nizhni Novgorod, no. 1 (2022): 127–37. http://dx.doi.org/10.52452/19931778_2022_1_127.
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Ibenekwu, Ikpechukwu E., Anthony Iyoha Emhenya, and Ifeanyi E. Iwundu. "Post-Green Tree Agreement implementation and its implications for Nigeria-Cameroon diplomatic relations." IKENGA International Journal of Institute of African Studies 23, no. 2 (June 30, 2022): 1–38. http://dx.doi.org/10.53836/ijia/2022/23/2/007.
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Nigeria and Cameroon inherited from their colonial masters land boundaries that were not clearly defined. Many peace talks and agreements aimed at resolving the contestations could not yield fruitful results. The persistence of the conflict for years strained the harmonious relations between the two countries, thus leading to skirmishes that cost lives and property. The adjudication and ruling by the International Court of Justice over the conflicting territory – Bakassi – in 2002 granting sovereignty to Cameroon was not well received by Nigeria. This paper, therefore, seeks to establish the extent of the diplomatic relationship between Nigeria and Cameroon years after the ICJ ruling on the one hand, and GTA on the other hand. To interrogate this, a two-dimensional theory of arbitration was adopted to delineate the pros and cons of the implementation of the ICJ ruling and GTA arbitration. The implications of the implementation of GTA on Nigeria-Cameroon relations are increased exchanges for the presidential visit from 46% before to54% after and increased diplomatic representations.
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Sarika, Cut Nabilla, Sunarmi Sunarmi, Dedi Harianto, and Rudy Haposan Siahaan. "Juridicial Analysis on The Implementation of Fiduciary Collateral Execution in The Post-The Constituonal Court’s Ruling No. 18/PUU-XVII/2019." Syiah Kuala Law Journal 5, no. 3 (December 31, 2021): 262–70. http://dx.doi.org/10.24815/sklj.v5i3.23030.
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Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right by seizing the collateral coercively and illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999 on Fiduciary Collateral on January 6, 2020, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019 which causes dispute in people. The research problems are whether the Constitutional Court’s Ruling is contrary to the collateral which gives easianess for the execution, how about the implementation of parate execution in the post – the Constituonal Court’s Ruling, and how about the legal consequence of debtor and creditor.The research use descriptive juridicial normative method. The data were gathered by conducting library research. The gathered data were analyzed qualitatively. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral, and creditors can still play their role in doing parate execution hen debitors default, on condition that debtors voluntarily hand in the fiduciary collateral. It may be difficult to do this in the foreclosure sale; therefore, it has to be certain in writing the clauses in the fiduciary contract. In this case, a Notary is required to add a clause about default in the contract and should refer to the Constituonal Court’s Ruling No. 18/PUU-XVII/2019 as the legal ground in writing fiduciary collateral contract.
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Radwanowicz-Wanczewska, Joanna, and Nicola Fortunato. "Non-ruling forms of activity of public administration in administrative enforcement proceedings." Białostockie Studia Prawnicze 26, no. 5 (December 1, 2021): 229–42. http://dx.doi.org/10.15290/bsp.2021.26.05.14.
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Abstract The article contains an analysis of the issues related to the application of non-ruling forms of activity of public administration in the performance of public law obligations through administrative enforcement proceedings. In principle, as part of such proceedings, public law obligations, understood as orders or prohibitions within the area of administrative law and other branches of law applied by administrative authorities (tax law, financial law, labor law), are carried out. Non-ruling forms of activity play a major role in administrative enforcement proceedings. The implementation of an enforcement measure may be related to authorized entities taking not only ruling, but also non-ruling actions. In order to apply an enforcement measure (which constitutes an institutionalized form of administrative compulsion), an administrative authority, on occasion, has to take non-ruling activities. Considering, primarily, the significant severity of the compulsion measures that may be applied towards the party obliged under enforcement proceedings, this proceedings should be carried out with respect for the values of a democratic state and with due care for the good of an individual.
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Richardson, Lilliard E. "Medicaid Expansion during the Trump Presidency: The Role of Executive Waivers, State Ballot Measures, and Attorney General Lawsuits in Shaping Intergovernmental Relations." Publius: The Journal of Federalism 49, no. 3 (2019): 437–64. http://dx.doi.org/10.1093/publius/pjz016.
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Abstract This article assesses developments in the first two years of the Trump presidency regarding implementation of the Affordable Care Act (ACA), with a focus on Medicaid policy. Trump administration officials relied on executive actions to chip away at various elements of the ACA and encouraged and granted state requests for waivers allowing work-requirements and other personal-responsibility rules for Medicaid beneficiaries. Governors and state attorneys general were actively involved in lawsuits that led to several federal court rulings blocking implementation of Medicaid work requirements as well as a ruling that re-opened the legitimacy of the entire ACA. Citizens and interest groups had a major impact at the ballot box by approving several ballot measures that expanded Medicaid in states where expansion was opposed by elected officials. These developments demonstrate how policy adjustments and disputes are worked out in the U.S. federal system in a polarized era, with Congress essentially a bystander and other institutions and actors coming to the fore and resulting in variable speed federalism characterized by different partisan trajectories of state implementation of national policies.
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Sasmito, Hasto. "Implementation Of Decisions And Obstacles Administrative Court - Implementation Obstacles." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 391. http://dx.doi.org/10.30659/jdh.v1i2.3279.
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Indonesia is a country of law. The rule of law means in our country is the law that has significance especially in all aspects of community life. Everything implementation carried out by the state through its government should be appropriate and according to the channels that have been determined in advance by law. Judicial Administration is a special court, which was given the authority to resolve disputes that arise in the field of administration and personnel or disputes that occur between administration officials with a person or body of civil law as a result of the issuance or issuance of a decision. Act no. 5 of 1986 on State Administration aims to provide a container or a space for people and civil legal entity to file a lawsuit to the Administrative Court (PTUN) for the issuance of an administrative decision (KTUN), then his rights to feel disturbed or harmed but in practice administrative court ruling will not necessarily be implemented because of constraints exist that impede the implementation of the decision of the Administrative Court. Thus the presence of the administrative court as an institution that is expected to be a means of enforcement and legal protection in the field of administration can not be carried out effectively and still needed revision of the law.Keywords: State Administrative Court (PTUN).
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Arundhati, Gautama Budi. "Kemungkinan Penerapan Preliminary Ruling Procedure sebagai Media Constitutional Complaint di Mahkamah Konstitusi." Jurnal Konstitusi 14, no. 4 (February 9, 2018): 820. http://dx.doi.org/10.31078/jk1446.
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Preliminary ruling procedure seperti yang diterapkan di Uni Eropa dapat menjadi metode alternatif dalam pelaksanaan constitutional complaint di Indonesia. Undang-Undang Dasar 1945 sebagai hukum tertinggi di Indonesia dikawal oleh lembaga yang bernama Mahkamah Konstitusi Republik Indonesia, dan dalam preliminary ruling procedure untuk pemberlakuan constitutional complaint maka dibutuhkan Peran Pengadilan Negeri dimana melalui preliminary ruling procedure tersebut dapat melakukan constitutional question kepada Mahkamah Konstitusi, dan berlanjut sampai dengan memutuskan perkara constitutional complaint tersebut atas nama Mahkamah Konstitusi, jadi secara tidak langsung Mahkamah Konstitusi memutuskan perkara melalui Pengadilan Negeri. Hal ini untuk menjamin konsistensi antara Mahkamah Konstitusi sebagai lembaga peradilan yang berwenang mengawal konstitusi serta menjamin akan adanya kepastian hukum yang harus diterima oleh warga negara secara efektif. Sehingga konstitusi memiliki direct effect secara individual dalam kehidupan sehari-hari rakyat Indonesia.Preliminary ruling procedure as applied in the European Union can be an alternative method for the implementation of the constitutional complaint in Indonesia. Constitution of Republic of Indonesia of 1945 can be assumed as the highest law in Indonesia which been guarded by the institution called the Constitutional Court of Republic of Indonesia, the preliminary ruling procedure for the implementation of the constitutional complaint required the seminal role of the District Court which can exercise the constitutional question to the Constitutional Court and continues it into the judgement of the constitutional complaint on behalf of the Constitutional Court indirectly. This method is to ensure not only the consistency between the Constitutional Court as the guardian of the constitution but also to guarantee the legal certainty which can be accepted by citizens effectively. So the constitution has a direct effect on an individual basis in the daily life of the people of Indonesia.
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Soebiantoro, Soebiantoro. "KOMPETENSI KEPALA SEKOLAH DALAM PELAKSANAAN MPBS DI SMK PEMUDA BLITAR." CENDEKIA: Journal of Education and Teaching 8, no. 2 (October 3, 2014): 121. http://dx.doi.org/10.30957/cendekia.v8i2.58.
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This article is a research report on the implementation of School Based Management (SBM) by a principal of SMK Pemuda Blitar. As an action research, this study observed the implementation of SBM inductively. The study revealed that evidences that support effectiveness of ruling staff and administration is strongly identified. Participations and self-reliance decision making proceess, individual invlolvement and group dynamics are productively desmonstrated.
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Mudjahid Zein, Achmad, Sri Yunanto, Ita Nurhayati, Asep Setiawan, and Azhari Aziz Samudra. "The Analysis of Regional Autonomy Implementation in Indonesia: Based on the Ruling Government Paradigm." Journal of Political Science and International Relations 5, no. 4 (2022): 153. http://dx.doi.org/10.11648/j.jpsir.20220504.18.
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Bankston, Adriana, and Gary S. McDowell. "Monitoring the compliance of the academic enterprise with the Fair Labor Standards Act." F1000Research 5 (November 17, 2016): 2690. http://dx.doi.org/10.12688/f1000research.10086.1.
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Background: On December 1 2016, the Fair Labor Standards Act (FLSA) will be updated by the U.S. Department of Labor. The key changes are an increase in the salary threshold for exemption from overtime for working more than 40 hours per week, and indexing the salary level so that it is updated automatically every 3 years. This update is predicted to have a profound effect on the academic enterprise as a large proportion of the postdoctoral researcher population is currently paid at a salary below the new threshold for exemption. Here we review the key changes to the FLSA, how they came about, and how the postdoctoral population is affected by the ruling. Methods: We describe recent data collection efforts (checking university websites and contacting HR departments) to uncover what institutions in the 2014 NSF Survey of Graduate Students and Postdoctorates in Science and Engineering are doing to comply with the FLSA ruling for postdocs. Results: Our data show that 41% of the estimated postdoctoral workforce in STEM and 57% of institutions checked have not decided or have no public decision yet available one month prior to implementation, and only 35.5% of institutions are planning to raise salaries to the new minimum. Conclusions: Our data show the uncertainty of postdoc salaries in the U.S. one month prior to implementation of the FLSA ruling. This implementation also gives rise to various issues that have arisen in an already strained research enterprise, including short-, medium- and long-term effects on academe.
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Karisoh, Fernando J. M. M., Caecilia J. J. Waha, Jemmy Sondakh, and Emma V. T. Senewe. "The Court Ruling Regarding Gender Change in Human Rights Law." Journal of The Community Development in Asia 4, no. 3 (September 20, 2021): 79–91. http://dx.doi.org/10.32535/jcda.v4i3.1183.
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The phenomenon of gender change in Indonesia shows that many people want to change their gender. This study aims to examine and analyze legal arrangements in the field of human rights regarding gender change, the implementation of court decisions in Indonesia regarding gender change and the effect of the formation of laws and regulations that specifically regulate gender change on court decisions in Indonesia. Normative research carried out by means of law, conceptual and case approaches. The results showed international agreements and national legislation have not specifically regulated gender change. The court ruling is based on consideration of the results of the medical examination and legal considerations. The establishment of legislation in particular can strengthen court ruling.
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Troch, Pieter. "Yugoslavism between the world wars: indecisive nation building." Nationalities Papers 38, no. 2 (March 2010): 227–44. http://dx.doi.org/10.1080/00905990903517819.
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This article examines Yugoslav national programs of ruling political elites and its concrete implementation in education policy in interwar Yugoslavia. It is argued that at the beginning of the period Yugoslavism was not inherently incompatible with or subordinate to Serbian, Croatian or to a lesser degree Slovenian national ideas. However, the concrete ways in which Yugoslavism was formulated and adopted by ruling elites discredited the Yugoslav national idea and resulted in increasing delineation and polarization in the continuum of national ideas available in Yugoslavia. Throughout the three consecutive periods of political rule under scrutiny, ruling elites failed to reach a wider consensus regarding the Yugoslav national idea or to create a framework within which a constructive elaboration of Yugoslav national identity could take place. By the end of the interwar period, the Yugoslav national idea had become linked exclusively to conservatism, centralism, authoritarianism and, for non-Serbian elites at least, Serbian hegemony. Other national ideas gained significance as ideas providing viable alternatives for the regime's Yugoslavism.
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K. Clasen, Christian. "2022/3 Liability for late implementation of EU law following ruling from the ECJ (DK)." European Employment Law Cases 7, no. 1 (May 2022): 25–27. http://dx.doi.org/10.5553/eelc/187791072022007001004.
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Sasaki, Kosuke, and Jun Mitani. "Simple implementation and low computational cost simulation of curved folds based on ruling-aware triangulation." Computers & Graphics 102 (February 2022): 213–19. http://dx.doi.org/10.1016/j.cag.2021.09.012.
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Putri, Yurike Prastika, Ismansyah Ismansyah, and Linda Elmis. "Child Adoption Implementation Without Court Judge Ruling Regarding Law Protection on Inheritance Right in Payakumbuh." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 25, 2019): 895. http://dx.doi.org/10.18415/ijmmu.v6i3.925.
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The objectives of the present research are: 1) to know the Provision of Child Adoption according to Positive Law in Indonesia Viewed from the Perspective of Law Number 35 of 2014 regarding Child Protection; 2) to know the Legal Protection on Child Inheritance Right; 3) to know How the Legal Consequence for the parties in the child adoption without court judge ruling. This is a descriptive research in which the problem approach is judicial empirical and it uses two data sources namely primary data and secondary data. In terms of unknown chilld background, then the child’s religion is adjusted to the local community’s religion in majority. This child adoption causes legal consequence both for the biological parents that must be responsible for fulfilling all child’s needs and for the government. With this child adoption, the biological parents that must be responsible for this can move their obligations to the adoptive parents. By this child adoption, all rights and obligations of the biological parents are moved to the adoptive parents. Besides, the legal consequence for the adoptive parents in this child adoption is the presence of obligation to fulfill all their adopted child’s needs as what they give to their biological child.
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Altymyshova, Z. A. "IMPLEMENTATION OF THE POLICY ERADICATION OF THE KULAKS AS A CLASS IN KYRGYZSTAN IN 1920-1930S." Herald of KSUCTA, №3, 2021, no. 3-2021 (September 27, 2021): 393–99. http://dx.doi.org/10.35803/1694-5298.2021.3.393-399.
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With the establishment of the Soviet power, a notion of “class struggle” had emerged and the idea of the elimination of former upper class and the old order was disseminated. It is claimed that the new Soviet rule was rule of the working class people. The October Revolution introduced a new ruling class into the Soviet society-the proletariat-the potential challenger of whom was the old ruling class. Traditional society was considered as “feudal and patriarchal” in Turkestan. The policy eradication of the kulaks as a class was conducted during 1920-1930s in all USSR.The word kulak, used as a political term between 1920-1930, meant a prosperous peasant who exploites people. The political campaign eradication of the kulaks as a class included such practices as confiscation of private property and deportations of the well-off peasants to remote regions. This process was main part of collectivization. Bai-manap families who labeled as a kulaks from Soviet Kyrgyzstan were deported to Russia and Ukraine between 1927-1932. The current article focuses on the processes of the policy on eradication of the kulaks as a class and its results in Kyrgyzstan. This paper is based on the local archival documents, scientific sources and oral materials.
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Kaiser, Anna-Bettina. "German Federal Constitutional Court: German Data Retention Provisions Unconstitutional in Their Present Form; Decision of 2 March 2010, NJW 2010, p. 833." European Constitutional Law Review 6, no. 3 (October 2010): 503–17. http://dx.doi.org/10.1017/s1574019610300083.
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About one year after the European Court of Justice had handed down its notorious decision on the Data Retention Directive concerning telecommunications traffic data, it was for the German Federal Constitutional Court to take a final decision on the German implementation of the Directive. So far, the latter Court had only issued temporary injunctions restricting data retrieval by the public authorities. Now, the final ruling by the Court has been anxiously awaited since the complainants had not only challenged the German provisions implementing the Directive, but also the Directive itself. Thus, the question was raised whether the Court would finally, for the first time in its history, initiate a preliminary ruling procedure according to Article 267 of the Treaty on the Functioning of the European Union.
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Raouane Azziz, Fajar Rachmadhani, and Mualimin Mochammad Sahid. "إشكالية تفعيل الاجتهاد في أحكام المواريث بوجود دلالة النّص القطعية." Maʿālim al-Qurʾān wa al-Sunnah 17, no. 2 (December 1, 2021): 174–90. http://dx.doi.org/10.33102/jmqs.v17i2.270.
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The verses of inheritance are texts that hardly have a parallel in the provisions of Sharia in terms of clarity and decisiveness in determining the share for each inheritor. Disputes arise over the understanding of these texts where some of the companions’ jurists went on to activate the mechanism of ijtihad even though the text is clear. Their jurisprudence gave us new rulings that are not mentioned either in the Qurʾān or in the Sunnah. Meanwhile, other jurists adhered to the apparent meaning of the texts. This study aims to reveal the reasons for establishing ijtihad, although there exist definitive texts on the provisions of inheritance, and to explain the path that each companion took in weighting their doctrine. To achieve these goals, this study relied on descriptive and analytical approaches. This study found that adherence to the apparent meaning of the texts in the rulings of inheritance is a principle that must be adhered to. Aside from that, using ijtihad in the provisions of inheritance with the presence of peremptory text is possible. It is activated according to the methodology that gives the Islamic ruling new dimensions upon its implementation and does not include either cancellation or change.
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Jackson, Shelley R., Gayle Hafner, Daniel O’Brien, and Georges Benjamin. "Approaches to Implementing the Olmstead ADA (Americans with Disabilities Act) Ruling." Journal of Law, Medicine & Ethics 31, S4 (2003): 47–48. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00747.x.
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The Department of Health and Human Services, Office for Civil Rights (OCR) enforces Section 504 of the 1973 Rehabilitation Act and Title II of the Americans with Disabilities Act. OCR works through complaint investigations and compliance reviews, as well as outreach, technical assistance, and public education to promote voluntary compliance. In the Olmstead decision of June 1999, the Supreme Court held that the ADA’s “integration regulation” requires state and local government to administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. The decision changed the focus from whether a right to more integrated services exists, to under what circumstances and how services will be provided. The New Freedom Initiative announced by President Bush in February 2001 is a broadbased initiative to remove barriers to community living for people with disabilities and promote swift implementation of the Olmstead decision.
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Hama, Zana Rauf, and Sakar Kakamad Husein. "The role of administrative judiciary in the implementation of judicial decisions by the public official." Journal of University of Human Development 3, no. 4 (December 31, 2017): 51. http://dx.doi.org/10.21928/juhd.v3n4y2017.pp51-80.
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Since the court ruling is the title of fact, the implementation serve as the transfer of that fact from stillness to movement and transfer it from theoretical to the practical reality where the administrative judge in the administrative area arbiter between two unequal sides, namely administration and personnel.The administration's failure to implement judicial rulings is a serious breach of the principle of separation of powers, and when it is said that the power of the state lies in the power of jurisdiction, the power of the judiciary lies in the implementation of its provisions and resolutions. So the administrative judge must activate his role and find a special legislative texts to address the problem of non- implementing the provisions of the judiciary and fill the legislative deficiencies and not to stay in imitation of the legal system of French and Egypt but the quest to develop the administrative judiciary in Iraq because the administration's respect for the freedom of the provisions issued by the administrative court is a legal obligation imposed on them otherwise, it leads to create chaos and regarded as violation of the law requiring (civil and criminal) blame. The phenomenon of refraining from carrying out judicial and administrative provisions by the administration is one of the problems experienced by much of the world, because the legislation often did not give this problem a deal of importance, so the legislature's task is to stand against this phenomenon and reduce it through strict laws so that the management cannot circumvent it.
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Lavnov, M. A. "Forms of Prosecutor’s Work in Ruling of Criminal Case Termination (Criminal Prosecution)." Pravo: istoriya i sovremennost', no. 4(13) (2020): 088–96. http://dx.doi.org/10.17277/pravo.2020.04.pp.088-096.
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Using the accumulated international research experience, as well as developments related to criminal procedure law branches, the article examines a number of issues related to the implementation of one of the forms of resolving a criminal legal conflict, namely, the criminal case termination (criminal prosecution). The problem is analyzed through the prism of the model of Prosecutor's work as the central subject of criminal prosecution, while protecting the legality and ensuring the rights of an individual in criminal proceedings. The lack of a unified concept and the lack of agreement on “reformative” transformations of criminal proceedings directly affect both the procedural status of the Prosecutor and all institutions of criminal procedure law. The research revealed the incomplete status of the Prosecutor and indicate the prospects for building an effective procedural model of Prosecutor's work in criminal proceedings.
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Rabi, Shahaf, and Avery Plaw. "Israeli Compliance with Legal Guidelines for Targeted Killing." Israel Law Review 53, no. 2 (June 16, 2020): 225–58. http://dx.doi.org/10.1017/s0021223720000059.
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In December 2006 the Israeli High Court of Justice delivered its ruling in the Targeted Killing case (HCJ 769/02). The Court laid out four criteria that must be met for operations conducted as part of Israel's targeted killing policy to be performed legally, and imposed on the state two safeguards to ensure that each operation complies with these criteria. This research examines whether Israel has complied with the ruling in its post-2006 targeted killing operations. The article presents strong evidence which suggests that Israel complies with the Court's four requirements, although there is insufficient information to render a definitive conclusion regarding requirement 3, the principle of proportionality. However, the evidence also casts doubt on Israel's conformity with the two safeguards. The most significant issues revolve around Israel's implementation of and compliance with safeguard 1, the independent ex post facto investigative committee, which should review operations that cause civilian casualties. These concerns include the composition of the committee, its objectivity and independence. In addition, Israel's evolving understanding of the legal status of terrorists has significantly narrowed the jurisdiction of the committee and the HCJ's ruling more generally. These issues are exacerbated by the absence of evidence that safeguard 2, judicial oversight, has occurred.
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Regulski, J. "Polish Local Government in Transition." Environment and Planning C: Government and Policy 7, no. 4 (December 1989): 423–44. http://dx.doi.org/10.1068/c070423.
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Poland is undergoing important political changes. The evolution of legal, political, and financial resources of local government since 1950 is discussed in this paper. In the last section are presented the Solidarity programme and governmental response at the historic ‘Round Table’ talks between the ruling Communist Party and the Polish opposition, which opened the way to the opposition's magnificent victory in the parliamentary elections in June 1989. In 1950 a very centralized organization of the state was imposed. But the postwar history shows expansions and limitations of local government power. These shifts and their causation are analyzed. The poor quality of the urban fabric, the need of social support for the ruling party, and important economic tasks of local government call for decentralization. Its implementation requires overcoming the barriers, which result from resistance by political and bureaucratic structures, bad economic situation, and lack of public interest in local democracy. Recently a decentralization policy is being implemented. Many legal openings have been made, but the political organization is still very centralized. It is argued that a deconcentration of tasks and means cannot be effective without changes in political structures. Therefore Solidarity asks for full self-government at the communal level, but the ruling Party has strong reservations against this.
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Peres, Catarina Vieira. "The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive." Market and Competition Law Review 3, no. 2 (October 1, 2020): 81–106. http://dx.doi.org/10.7559/mclawreview.2019.1827.
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In March this year, the European Court of Justice (hereinafter “CJ”) answered the first preliminary question regarding the Private Enforcement Directive (“Directive”).1 One might expect this decision2 to remain relevant for the next few years, as it sheds some light on the rather intricate issue of the Directive’s temporal application. The CJ explains what rules are applicable to actions for damages regarding infringements which occurred prior either to the Directive’s adoption or to its implementation in the respective Member States. The case is also of major interest since it illustrates the role that the principle of effectiveness can play when applied alongside Articles 101 or 102 of the Treaty on the Functioning of the European Union (“TFEU”).3 Finally, albeit not expressly addressed, the case is also of interest regarding the controversial issue of parent company liability in private enforcement, where it represents a novelty in the Portuguese legal order.
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Schorkopf, Frank. "The European Union as An Association of Sovereign States: Karlsruhe's Ruling on the Treaty of Lisbon." German Law Journal 10, no. 8 (August 1, 2009): 1219–40. http://dx.doi.org/10.1017/s2071832200001565.
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Sixty years after the promulgation of the German constitution, which from the beginning was distinguished by its “visionary openness towards Europe,” the German Federal Constitutional Court reassessed the historic process of European integration. It reviewed the compatibility of the legal foundations of the European Union with the German Basic Law and provided a thorough overview. The Treaty of Lisbon and its sweeping, integrating reform of the European Union is compatible with the Basic Law, the Court's Second Senate ruled, so long as it is applied within the framework outlined by the Federal Constitutional Court. However, the Court found that the German implementation law is not consistent with the Basic Law. Accordingly, the Court made clear that Germany can continue with the ratification of the treaty only after introducing a new implementation law. The 147-page decision could be summarised in the following way: The European Union is an association of sovereign states and, hence, a secondary political area.
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Hossain, Mohammad Akbar. "Implementation of Customs Advance Ruling (AR) Facility as a Trade Facilitation Measure in Bangladesh: Prospect in Retrospect." Customs Research and Applications Journal 1, no. 1 (December 10, 2019): 1–17. http://dx.doi.org/10.31092/craj.v1i1.6.
Full textAbstract:
The WTO Trade Facilitation Agreement (TFA) and the WCO Revised Kyoto Convention (RKC)have clearly prescribed their Members to implement Advance Ruling (AR) facilities for avoidingdisputes between the Customs authorities and trade communities. If the future disputes can betreated before the arrival of imported or exportable goods at the borders, cross-border trade willbe facilitated reducing the cost and time of both the traders and customs. The developedcountries have been using the AR facilities for a long time to avoid future disputes, while thedeveloping countries are yet to initiate the journey in full swing. Because of the absence of AR,the customs authorities of the developing countries are bogged down in dealing with the courtcases originated from the disputes at the borders. Again, the traders are facing unwanted hasslesat borders that increases time and cost of doing business. Bangladesh implemented Customs ARon tariff classification in 2016. This article endeavors to examine the AR regime of Bangladesh.In particular, it analyzed the context that prompted Bangladesh customs not to implementing ARin its full scope i.e. for valuation, origin, duty drawback, etc. The limited interests of businessestowards Customs AR are also explored in this study. The study finds that the traders are highlybenefited from AR. However, as the AR facilities are given only for classification, and there aresome other platforms for having remedy for classification, the facilities could not attract thetraders as it was expected.
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Nath, Suraj, Debashri Debnath, Parthapratim Sarkar, and Ankur Biswas. "An Efficient Implementation of Data Mining Techniques in Agriculture." Journal of Computational and Theoretical Nanoscience 17, no. 1 (January 1, 2020): 154–61. http://dx.doi.org/10.1166/jctn.2020.8644.
Full textAbstract:
Agriculture being the utmost noteworthy operational domain in current scenario and agribusiness holders including farmers are required to make wide range of decisions every day. An efficient farming decision includes all relevant environmental conditions, consistency of soil, rainfall, combinations of fertilizers and product prices. A vital concern in agricultural planning objective is the estimation of perfect acquiesces for several crops concerned in the scheduling. Information technology deployment in agricultural field can transform the state of affairs of policy making so that farmers can yield in a superior way. For this reason, the raw data is changed into useful information through data mining which can play a decisive role to achieve the realistic and efficient solutions for this problem and numerous other issues allied to agriculture field. In this paper an analysis of agricultural data and ruling best possible factor to capitalize on the production of crops under varied condition using data mining technique is primarily focused. Various commonly used data mining methodologies mainly on agricultural domain are presented. Results attained through Classification using J48 tree classifier with related confusion matrix confirm the stoutness of the proposed method.
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Supeno, Supeno. "PUBLIC POLICY SEBAGAI SYARAT PENGAKUAN DAN PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL." Wajah Hukum 1, no. 1 (February 1, 2018): 64. http://dx.doi.org/10.33087/wjh.v1i1.17.
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Legal certainty factors in the resolution of a dispute a matter is a goal to be achieved by the seekers of justice including the resolution of disputes through arbitration agency bisis, Act No. 30 of 1999 still Know hinted that dispute resolution which was already decided by the international arbitration body should get the recognition from the country where the verdict will be implemented and one of the reasons not to use an international arbitration ruling due the verdict contrary to the public order (public policy) so that this provision may give rise to legal uncertainty. The type used is the juridical normative approach with the use of legislation. The purpose of this research is to contribute to the thought of doing a repair effort clause about the recognition and implementation of the ruling of international arbitration in an attempt to give the kepastia law in the settlement of disputes resolved through international arbitration.Keywords: Award, recognition, public policy
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Lingga, Nimrod Gandatua, Iman Jauhari, and Dedi Harianto. "Penerapan Pembuktian Terbalik Berimbang Dan Terbatas Pada Harta Hasil Peredaran Narkotika." ARBITER: Jurnal Ilmiah Magister Hukum 3, no. 1 (December 16, 2021): 38–56. http://dx.doi.org/10.31289/arbiter.v3i1.868.
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The purpose of this research is to know the regulation on balanced and limited reversal of the burden of proof in the legal provisions in Indonesia and implementation of balanced and limited reversal of the burden of proofin the Ruling No. 427/Pid.B/2014/PN.Mdn and the obstacles and efforts in implementing balanced and limited reversal of the burden of proof .The research used juridical normative and descriptive analytic method by analyzing all legal provisions related to the balanced and limited reversal of the burden of proof. The data were gathered by conducting library research and field research method.Based on the research problems, it can be concluded that, the regulation on reversal of the burden of proof has been stipulated in the Indonesian legal provisionsthe process of evidence in the Ruling No. 427/Pid.B/2014/Pn.Mdn does not follow the balanced and limited reversal of the burden of proofthe obstacles in the implementationfrom its, legal substance, legal structure and legal culture.
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Rovetta, Davide, and Davide Rovetta. "EU Common Foreign and Security Policy Sanctions: Litigation before the EU Courts and the Sunday Punch Approach." Global Trade and Customs Journal 9, Issue 2 (February 1, 2014): 48–51. http://dx.doi.org/10.54648/gtcj2014006.
Full textAbstract:
The EU General Court and the Court of Justice of the European Union guarantee an appropriate and very high quality level of judicial protection in the area of Common Foreign and Security Policy (CFSP) financial sanctions. However, the Council of the European Union often relies on the time-consuming process to obtain a final ruling of EU Courts in order not to discontinue assets freezing sanctions against a given individual or company. The length of time to get an EU Court ruling and the formalistic implementation of it by the Council often works against the individuals and entities being caught by financial sanctions. The present paper suggests a means to apply a more creative approach and to use in CFSP litigation what in boxing is described as a "Sunday Punch." Listed entities must act quickly, very proactively, and on a multi-jurisdiction level to get the most out of the fight against the listing.
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Martana, Nyoman, Putu Ade Hariestha Martana, Kadek Agus Sudiarawan, and Bagus Hermanto. "Discourses of Legal Certainty in Execution of Administrative Court Decision." Substantive Justice International Journal of Law 2, no. 2 (December 4, 2019): 89. http://dx.doi.org/10.33096/substantivejustice.v2i2.35.
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After the enactment of the Law of Government Administration implied the regulation concerning the execution of the Administrative Court Judgment. Some pro-cons academic and practice discourses, arguing that the enactment of the Law of Government Administration is the culminating point from the limited role of the Administrative Court on enforcing the administrative law and the argument that the regulation of the Law of Government Administration contains various ambiguities norms in concern with implementation in the Administrative Procedural Law System. This study aims to analyze and discuss concerning the regulation of the provisions of the Administrative Court Ruling execution, constrains in judgment execution and the legal certainty for the justice seekers in the provisions of the Administrative Court Ruling execution after the enactment of the Law of Government Administration. This paper is using a normative and empirical method. The data that using consisted of primary and secondary data, were analyzed using qualitative methods. This study result is presented in a descriptive analysis paper.
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Hatchard, John. "Re-establishing a Multi-Party State: Some Constitutional Lessons from the Seychelles." Journal of Modern African Studies 31, no. 4 (December 1993): 601–12. http://dx.doi.org/10.1017/s0022278x0001226x.
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Several African countries have found that the road towards the reintroduction of multi-party politics is not easy. This short article examines aspects of constitutional developments in the Seychelles, and argues that three fundamental criteria are necessary for a genuine return to democratic pluralism: the implementation of a proper and fairly organised electoral process, the drafting of a new constitution which represents the wishes of the people, and the effective de-linking of ruling party and government.
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Supriyono, Yusup, Yuyus Saputra, and Nita Sari Narulita Dewi. "English Immersion Program in EFL Setting: A Modified Model, Implementation, and Effectiveness." JEELS (Journal of English Education and Linguistics Studies) 7, no. 1 (May 26, 2022): 137–60. http://dx.doi.org/10.30762/jeels.v7i1.209.
Full textAbstract:
This study reflects the best practice of the English immersion program designed for EFL learners. Through observation in the research site and interview with eight participants (two language managers and six language learners), the modified model is discovered as the guidelines in ruling the project in which curriculum, English proficiency, and language management are the main points. Besides, Informal learning becomes the hot issue of this study since the English zone facilitates English informal interaction between language partners and learners which enhances English learning experiences effectively and motivates them to use English. The finding also reported that English immersion program emerges learning community, personal qualities development, English language acquisition, and self-efficacy, language awareness and language exposure The study may contribute to the body of knowledge in second language acquisition and recommend schools or universities and other related institutions to implement English immersion program as the alternative solution for English language learning in non-native speaking countries.
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Supriyono, Yusup, Yuyus Saputra, and Nita Sari Narulita Dewi. "ENGLISH IMMERSION PROGRAM IN EFL SETTING: A MODIFIED MODEL, IMPLEMENTATION, AND EFFECTIVENESS." JEELS (Journal of English Education and Linguistics Studies) 7, no. 1 (April 26, 2020): 137–60. http://dx.doi.org/10.30762/jeels.v7i1.1767.
Full textAbstract:
This study reflects the best practice of the English immersion program designed for EFL learners. Through observation in the research site and interview with eight participants (two language managers and six language learners), the modified model is discovered as the guidelines in ruling the project in which curriculum, English proficiency, and language management are the main points. Besides, Informal learning becomes the hot issue of this study since the English zone facilitates English informal interaction between language partners and learners which enhances English learning experiences effectively and motivates them to use English. The finding also reported that English immersion program emerges learning community, personal qualities development, English language acquisition, and self-efficacy, language awareness and language exposure The study may contribute to the body of knowledge in second language acquisition and recommend schools or universities and other related institutions to implement English immersion program as the alternative solution for English language learning in non-native speaking countries.
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Kayadibi, Saim. "Ijtihad by Ra’y." American Journal of Islamic Social Sciences 24, no. 1 (January 1, 2007): 73–95. http://dx.doi.org/10.35632/ajiss.v24i1.417.
Full textAbstract:
This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.
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T. Surya Reza. "Penyelesaian Sengketa Pelepasan Hak Atas Tanah Oleh Pemerintah Dalam Proses Pendaftaran Tanah." Politica: Jurnal Hukum Tata Negara dan Politik Islam 8, no. 2 (December 1, 2021): 1–16. http://dx.doi.org/10.32505/politica.v8i2.3540.
Full textAbstract:
Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.
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Kayadibi, Saim. "Ijtihad by Ra’y." American Journal of Islam and Society 24, no. 1 (January 1, 2007): 73–95. http://dx.doi.org/10.35632/ajis.v24i1.417.
Full textAbstract:
This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.
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Setyawan, Reza, and Anton Hendrik Samudra. "Kewenangan Penyidik Menetapkan Rehabilitasi Tanpa Penetapan Pengadilan pada Kasus Penyalahgunaan Narkotika." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (September 11, 2019): 11–25. http://dx.doi.org/10.24123/yustika.v22i01.2029.
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This article reviews criminal justice process in deterring drug abuse case, discussing rehabilitation as a part of criminal sanction and the implementation or existence without court ruling or decision. Several rules and regulations discussed in resolving this matter include Law Number 35 of 2009 concerning Narcotics and Government Regulation Number 25 of 2011 concerning Mandatory Implementation of Narcotics Addict Report. The article was a part of bachelor’s degree thesis, conducted using normative legal study with case approach method. The case discussed is about rehabilitation of drug abuser Without Court’s order. The research finding is investigator do not have authority to place the drug abuser under rehabilitation. It is supposedly by court’s order.
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Mukhametov, Ruslan. "Institutional municipal reform in Russia: actors and their strategies (on the example of «small» local government reform)." Political Science (RU), no. 2 (2021): 207–28. http://dx.doi.org/10.31249/poln/2021.02.08.
Full textAbstract:
One of the main democratic institutions in Russia is local selfgovernment (LSG). This institution is characterized by instability of legal regulation, which is reflected in regular changes and amendments to existing laws. The most significant transformation of the Institute of LSG was in 2003–2009, when the «big» municipal reform was carried out. In 2014, a «small» reform of the LSG was launched, which made it possible to introduce a two-level system of city administration. The new model of local government organization operates only in three cities – Chelyabinsk, Makhachkala and Samara. The purpose of the article is to understand the reasons for the transition of some cities to a new system of organization of local government. The conceptual foundations of the article are the structure-oriented approach of D. North, the «distributional» theory of institutional changes of G. Libecap, and the political and economic approach of D. Acemoglu and G. Robinson's. The research is based on the theory of reforms by J. Roland. The author concluded that limited political autonomy at the bodies and local self-government officials, the lack of mayors during the period of reforms Governor-cartridge a result of the change of the head of the region, the timing of the reform with the end of the term of powers of authorities and local selfgovernment officials, as well as the inclusion of regional authorities compensatory strategies for the urban ruling elite, are factors, which contributed to the implementation of institutional reform. It is shown that the obstacles that prevented the «small» reform of the local government act of political autonomy from consolidated municipal ruling elite, interested in preserving the status quo; the existence of an urban political machine; the lack of compensation of the urban ruling elite for losses which are due to the implementation of the reform; the discrepancy between the time of the reform by the end of the term of authorities and local self-government officials.
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Alberti, Carla. "Populist Multiculturalism in the Andes: Balancing Political Control and Societal Autonomy." Comparative Politics 52, no. 1 (October 1, 2019): 43–63. http://dx.doi.org/10.5129/001041519x15638217741734.
Full textAbstract:
Radical populists in the Andes have combined a populist program and a multicultural agenda. However, while populism centralizes power in the hands of the leader and emphasizes the unity of the people, multiculturalism grants cultural rights that strengthen societal autonomy, generating an inherent tension between these two modes of incorporation. How are populist governments able to combine unity and fragmentation as well as centralization and autonomy? This article develops the concept of populist multiculturalism, focusing on the Movimiento al Socialismo (MAS) in Bolivia, which has supported autonomy rights while simultaneously curtailing their implementation. Specifically, it examines the implementation of indigenous autonomous governments and prior consultation and the relationship between indigenous organizations and the ruling party. The article also extends this concept to Ecuador and Venezuela.
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Cholakov, Petar. "The Mismanaged Integration of Ethnic Minorities in Bulgaria." Southeastern Europe 44, no. 2 (July 20, 2020): 303–27. http://dx.doi.org/10.30965/18763332-04402009.
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This article delves into the intricate, and often inconsistent, worlds of Bulgarian government policies towards ethnic minorities, in particular towards the Roma, after 1989. The author begins with an overview of the ‘ethnic model’ embedded at present in the country’s political system. Then he discusses the integration policies of Bulgarian governments after the fall of communism. His conclusion is that the lack of political will of the ruling parties represents the biggest obstacle to the integration of minorities. Anti-discrimination legislation is plagued by inconsistencies and problems related to its implementation. Despite some moderate progress, state policies continue to lack vision, direction and effective monitoring mechanisms. The representatives of minorities are still, for the most part, ignored in the process of tailoring and implementation of programmes.
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BERNADIN, Viktor. "Problem issues of penalties execution in administrative cases about excisable goods offenses." Economics. Finances. Law, no. 2 (February 21, 2020): 14–17. http://dx.doi.org/10.37634/efp.2020.2.3.
Full textAbstract:
The article deals with the problematic issues of determining the peculiarities of implementation of rulings on cases of administrative offenses in the sphere of circulation of excisable goods. The nuances of calculating the terms of execution of the resolution in the case of administrative offenses are determined, as well as the reasons for delaying its execution for a term of up to one month. Іntroduction reveals the relevance of research into problematic issues of enforcement of administrative offenses in the field of excise goods circulation, as well as reveals the state of research in this area. All of the above determines the relevance of research on the administrative offenses in the sphere of circulation of excisable goods. Purpose of the article is to investigate the peculiarities of such a stage of administrative offenses in the enforcement of rulings. Results of the article substantiate that the content of the request for enforcement of the enforcement order is not a one-off action, but a specific activity of the authority or official who made it, consisting, first, of timely delivery or sending to the offender a copy of the administrative decision , explanations to the offender of the order and conditions of its execution; second, timely submission of the decision to the executing authority; third, the control over the enforcement of the decision imposing administrative penalties and resolving other issues such as: delay of execution, suspension of enforcement, statute of limitations, etc. Conclusions state that the enforcement of the decision imposing an administrative penalty should be carried out within three months, which are specified in the legislation. This term should be considered as the general statute of limitations on the enforcement of rulings on imposition of administrative penalties, and "appeal to enforcement" cannot be considered as a fact of sending a decision to the executing authority within three months. The expiry of the three-month period from the date of the ruling should make it impossible to continue its implementation.
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Soloviev, A. I. "“Evidence-based Policy” and “Policy of Evidence”: The Dilemma of Post-Soviet Societies." Outlines of global transformations: politics, economics, law 14, no. 5 (November 7, 2021): 61–80. http://dx.doi.org/10.23932/2542-0240-2021-14-5-3.
Full textAbstract:
External and internalchallenges, risks and crisis phenomena operatingin the world and national states requirethe ruling regimes to flexibly restructurethe configuration of relations betweenpower and society. One of the toolsof such communication is the methods of“evidence-based policy”, which involve addressingthe population on the basis of expertand scientific recommendations whendeveloping goals that allow people not onlyto judge their legality, but also to challengeand correct their content. At the same time,in a number of transitional and authoritarianstates, preference is given to the “policy ofevidence” that demonstrates the priorities ofpolitically expedient actions of the authoritiesaimed not at partnership with society, but at mobilizing the support of the populationfor the implementation of the goalsof government policy. In this context, thearticle shows the objective and subjectivelimitations of the use of scientific andexpert data in the public sphere by a numberof post-Soviet states, the peculiarities ofthe correlation of “evidence-based policy”and “policy of evidence” in the activities ofthe ruling regimes, and assesses their prospectsin the short term in modern Russiansociety.
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Smith, Robert Brian, and Nucharee Nuchkoom Smith. "Implementation of Federalism in Nepal: The Devil is in the Detail." Lex Scientia Law Review 6, no. 2 (December 20, 2022): 223–64. http://dx.doi.org/10.15294/lesrev.v6i1.54437.
Full textAbstract:
After a long period of instability, Nepal adopted a new Constitution in 2015, creating a multiparty federal republic. Previously Nepal had been a unitary state, albeit with a long period of political instability and insurgencies. In 2017 the two competing communist parties merged to form the ruling Nepal Communist Party (NCP), which operated with a 2/3rd majority in the House of Representatives. The implementation of federalism has been slow and uneven. Despite assurances to the contrary, the government’s response to the COVID-19 pandemic has been lacking, with Constitutional obligations ignored. The machinations of the then Prime Minister have exacerbated this, apparently supported by the President to overcome constitutional norms to keep the Prime Minister in power. The paper analyses the devolution of powers to the provincial and local levels described in the constitution. There have been successes and failures. There appeared to be a concerted effort from the federal parliament and some in the bureaucracy to continue to centralize power. This early inaction has hindered its response to the pandemic. Of even more concern is the then prime minister's role as he sought to maintain his hold on power by ignoring the provisions of the Constitution.
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Asher, Sam, and Paul Novosad. "Politics and Local Economic Growth: Evidence from India." American Economic Journal: Applied Economics 9, no. 1 (January 1, 2017): 229–73. http://dx.doi.org/10.1257/app.20150512.
Full textAbstract:
Political favoritism affects the allocation of government resources, but is it consequential for growth? Using a close election regression discontinuity design and data from India, we measure the local economic impact of being represented by a politician in the ruling party. Favoritism leads to higher private sector employment, higher share prices of firms, and increased output as measured by night lights; the three effects are similar and economically substantive. Finally, we present evidence that politicians influence firms primarily through control over the implementation of regulation. (JEL D72, L51, O17, O18, O43, R11)
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Maulidizen, Ahmad, and Mohammad Taqiuddin Bin Mohamad. "PENJADWALAN ULANG PEMBIAYAAN MIKRO MURĀBAḤAH DI BANK SYARIAH MANDIRI CABANG DUMAI PROVINSI RIAU." Jurnal Ilmiah Islam Futura 17, no. 1 (August 3, 2017): 169. http://dx.doi.org/10.22373/jiif.v17i1.1636.
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This research is analyzing implementation of the rescheduling in Murābaḥah micro financing at Bank Shariah Mandiri, Indonesia. It was found that many Islamic banks in Indonesia are experiencing problems because of non-performing financing and can degrade the performance of the bank. Therefore, the bank implemented the rescheduling of non-performing murābaḥah micro financing not to exceed a predetermined rate of Bank Indonesia at 5%. This research was conducted to find out more about the legal implementation of rescheduling in Murābaḥah micro financing at Bank Shariah Mandiri Branch Dumai. The reserach used data collection methods by observation, interview and library data then analyzed using the inductive, deductive and comparative. The research found that the implementation of rescheduling in Murābaḥah micro-financing at Bank Shariah Mandiri Branch Dumai is not fully in line with the Shariah because there is an Islamic ruling of Syariah National Board of Indonesia that have not been implemented, which the bank parties have been still burdening customers other than the actual cost.
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Abdrakhmanov, B. D., and Z. A. Altymyshova. "Implementation of Repression Policy in Kirghiz SSR in 1937—1938." Nauchnyi dialog 1, no. 7 (July 29, 2021): 307–24. http://dx.doi.org/10.24224/2227-1295-2021-7-307-324.
Full textAbstract:
The issue of the implementation of repressions against the “Trotskyists”, “Zinovievites”, “Rightists” and other “enemies of the people” living in the Kirghiz SSR in 1937—1938 is examined in the article. Both objective and subjective prerequisites for the punitive activities of the security agencies in the first years of Soviet power are considered. The relevance of the study is due to the interest of scientists and the public in the period of Stalinist repressions, the assessment of these events. The study was carried out on the basis of materials from the archives of the State Committee for National Security. The novelty of the research is due to the fact that these documents are introduced into scientific circulation for the first time. In addition, statistics are provided on some categories of repressed in the republic, which are also published for the first time. A rethinking and political assessment of the events of this difficult period is proposed. The repressive activities against the so-called “enemies of the people” in the political aspect are analyzed, since the special services were an instrument of the ruling party and obeyed. The role and place of the security agencies, the mechanism for implementing repressions and illegal methods of conducting investigations based on archival documents of the State Committee for National Security of the Kyrgyz Republic are shown.