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1
Dalipi, Dr Sc Samet. « Institutional fragility – challenge for peacebuilding in Kosovo ». ILIRIA International Review 2, no 2 (31 décembre 2012) : 134. http://dx.doi.org/10.21113/iir.v2i2.149.
Texte intégralRésumé :
Peace building, as part of conflict resolution strategy, is challenged by several internal factors with socio-economic, political, governmental nature, and factors coming from outside the country and violent past under governance of ex Yugoslavia/Serbia. This process becomes more difficult by the transition from socialist to free economy.Kosovo independence undermines taking responsibilities by institutions on peace building perspective which will bring to the gradual reconciliation with neighbors, including Serbia. Growing authoritarian tendencies on decision making mechanisms chock already existing fragile democracy. Enhancing the rule of law and system of justice will create a good basement for elimination of corruption and increase the quality of governance as strengthening elements of the social peace and reconciliation between the communities inside Kosovo. Even that, Kosovo institutions have made huge efforts in building the state mechanisms in preparation for the country’s independence phase. Rise of care in the rule of law, legislation implementation, efforts for combating corruption as a major source of state vulnerability, democratic institution building, and economic development, will be the challenges faced Kosovo’s future.
2
Repetskyi, S. « Responsibility for crimes against humanity in international and national criminal legislation ». Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no 16(28) (13 décembre 2023) : 162–68. http://dx.doi.org/10.33098/2078-6670.2023.16.28.162-168.
Texte intégralRésumé :
Purpose. The purpose of the article is to analyze the problems of responsibility for crimes against humanity in international and national criminal legislation, proposals for the implementation of international norms in the national criminal legislation, as well as determination of positive and negative changes as a result of such implementation innovations. Methodology. The methodology includes a complex analysis and generalization of available scientific and theoretical, legislative material and formulation of relevant conclusions. Such methods of scientific knowledge during the research were used: comparative legal, logical-grammatical, system-structural, modeling. Results: It was recognized, that in the modern criminal legislation of Ukraine lackes the only criminal-legal norm that would provided responsibility for crimes against humanity. Mostly, crimes in this area are fixed in different parts of the Criminal Code of Ukraine, which does not fully reflect everything social danger of these acts. In this connection, there was a need for a legislative enshrinement crimes against humanity in chapter XX of the Special part of the Criminal Code of Ukraine, with the aim of effectively countering the commission of criminal offenses against peace, human and international security law and order, as well as fair punishment for criminal acts of the Russian military on the territory of Ukraine at the national level legislation. Scientific novelty. According to the results of the study, it was recognized such progressive provisions regarding actions related to encroachments on peace and security humanity and the international legal order, which can be taken into account in the future for legislative initiatives on criminal liability for criminal offenses in this area. Practical significance. The research results can be used in law-making activities by improvement of the national criminal legislation on criminal offenses against peace, security of humanity and the international legal order, as well as in the educational process during the teaching and studying of the academic disciplines «International criminal law», «Actual problems of criminal law and process» and «Criminal law of Ukraine. A Special part».
3
Lončar, Jelena. « State-building and local resistance in Kosovo : Minority exclusion through inclusive legislation ». Communist and Post-Communist Studies 49, no 3 (1 juillet 2016) : 279–90. http://dx.doi.org/10.1016/j.postcomstud.2016.06.004.
Texte intégralRésumé :
This article focuses on the participation of local citizens in Kosovo in the process of state-building and their engagement with the institutions imposed by the international community. While previous literature focuses either on the constitutional and institutional framework or on the more direct forms of local resistance to international intervention, this article looks into more subtle forms of resistance whereby local citizens change the meanings of imposed institutions. To this purpose, this article examines the process of adoption of two minority-relevant laws: the Law on Historic Centre of Prizren and the Law on the Village of Velika Hoča/Hoçë e Madhe. By employing a critical frame analysis, this paper points to the very subtle forms of resistance to the international rule such as: exclusion of citizens from participation in decision-making, defining citizenship in ethnic terms or changing the meaning of minority relevant legislation by framing it from the perspective of state- and nation-building. All of these actions resist the international efforts to build Kosovo as a multiethnic state and impugn the legitimacy of the system. These findings indicate the important role of local citizens in creating the sustainable peace.
4
Vagias, Michail. « Rethinking Amnesties and the Function of the Domestic Judge ». Constitutional Review 9, no 1 (31 mai 2023) : 142. http://dx.doi.org/10.31078/consrev915.
Texte intégralRésumé :
The award of amnesties or pardons has been used time and again to facilitate the attainment of peace after a civil war. However, this practice has been condemned by human rights and other international bodies as incompatible with the duty of states under human rights law to investigate, prosecute and punish human rights violations and the victims’ rights of access to justice and to the truth. Due to this incompatibility, the function of the domestic (constitutional) judge is none other than to strike down amnesty legislation as null and void. This appears to be the prevailing narrative in contemporary human rights discourse. The present contribution takes issue with this narrative. It takes the position that the international effect of regional human rights jurisprudencehas been to condition, as opposed to wholesale outlaw, the use of amnesties as a post-conflict peace-building tool. It defends the view that while blanket amnesties are increasingly considered incompatible with victims’ rights today, that does not mean that all amnesties are prohibited. From this perspective, this article argues that the proper function of domestic constitutional courts in the performance of the constitutionality control of amnesty legislation should take a different shape; instead of querying whether to strike down or to uphold amnesty legislation in its entirety, Constitutional Courts should condition amnesties to criteria – such as their position as part of a broader transitional justice package including truth telling and compensation – and monitor their implementation on a case-by-case basis.
5
Evsikova, E. V., et A. V. Ponomarev. « TO THE QUESTION OF IMPROVING THE LEGISLATION IN THE SPHERE OF ESTABLISHING ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF THE SILENCE AND REST OF CITIZENS ». Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no 3 (2) (2022) : 22–34. http://dx.doi.org/10.37279/2413-1733-2021-7-3(2)-22-34.
Texte intégralRésumé :
The article reveals and examines the regulatory framework for the regulation of ensuring the rights of citizens to peace and quiet in accordance with the administrative-tort legislation of the Republic of Crimea. The authors reveal the compositions of offenses provided for by the administrative-tort legislation of the Republic of Crimea in the sphere of citizens’ rights to peace and quiet, study the qualifying signs, system and gradation of administrative punishments for offenses in the studied area. The authors emphasize the need for a clear understanding of the delimitation of the jurisdiction of federal and regional administrative and tort legislation in the field of ensuring the rights of citizens to the sanitary and epidemiological well-being of the population and the rights of citizens to peace and quiet, analyzing the statistical data of the Judicial Department under the Supreme Court of the Russian Federation and law enforcement practice in this sphere of legal relations, on the basis of which a conclusion is made about the progressive dynamics of the administrative-tort situation in the Russian Federation as a whole, on the basis of which it is concluded that there is a need for high-quality legislative regulation of all key aspects related to administrative responsibility for violating the peace and quiet of citizens. Based on the analysis, the authors develop their proposals to ensure better legal regulation of ensuring the rights of citizens to peace and quiet at the level of administrative and tort legislation of the Republic of Crimea, as well as ensuring the rights of citizens to sanitary and epidemiological well-being of the population at the level of administrative and tort legislation. The Russian Federation as a whole.
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Боголюбов, Сергей, et Syergyey Bogolyubov. « FOREIGN LEGISLATION ON AGRICULTURE AS SUBJECT OF COMPARATIVE LAW RESEARCH ». Journal of Foreign Legislation and Comparative Law 1, no 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16125.
Texte intégralRésumé :
Research of relevant foreign legislations on agriculture and conducting of comparative law analysis in this sphere serve as scientific support for the development of domestic agricultural legislation. In the Institute of Legislation and Comparative Law such works are carried out by the department of agricultural, ecological and natural resources legislation and by the department of foreign civil legislation. Such comparative law comparisons can always be found in the Institute research papers, varying depending on the topicality of problems and social and economic situation in this country and in the world. Special attention is paid to the development and variety of forms of ownership in the agro-industrial complex, its government support, cooperative building construction in villages, to the use, protection and recovery of agricultural lands, forest resources, animal and vegetal life, sustainable development of rural settlements. Having become the subject of comparative law research, the analysis and summary of foreign legislation on agriculture make a positive contribution to modernization of the Russian legislation.
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RASHID, SINAN. « Women, Security, and Peace : A Reading in Resolution 1325 ». Journal Ishraqat Tanmawya 27 (juin 2021) : 288–303. http://dx.doi.org/10.51424/ishq.27.11.
Texte intégralRésumé :
security and peace are two concepts closely related to the rights of women, especially in the past two decades. In October 2000, Resolution 1325 was issued by the United Nations Security Council regarding women and armed conflicts, based on the role that women can play in building peace and achieving security, whether on the basis of The national or international level, especially that the women most affected during wars and armed conflicts, and some jurisprudential opinions began to take their way into international legislation and the rules of international humanitarian law regarding the protection of non-combatants and civilians in general and women in particular, and the Geneva Convention in 1949 and its annex to the Second Geneva Convention in 1949went 1977 to the necessity of protecting women against any assault, physical violence, or humiliation of all kinds. Therefore, the importance of the topic lies in knowing the role of Resolution in protecting women's rights, not to mention the need to know how women play a role in preserving international peace
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Balanovskiy, Aleksandr A. « Apartment Block Management by a Housing Cooperative : Law Improvement Areas ». Family and housing law 6 (10 décembre 2020) : 32–36. http://dx.doi.org/10.18572/1999-477x-2020-6-32-36.
Texte intégralRésumé :
This article deals with the regulation of public relations that are developing regarding the management of an apartment building by housing, house-building cooperative. Based on the analysis of Russian legislation on housing and house-building cooperative, attention is drawn to the legal gaps in housing legislation related to the management of multi-apartment housing, house-building cooperative, which is one of the important problems of housing, house-building cooperative, as well as ways to solve them.
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Hoffmeister, Frank. « Strategic autonomy in the European Union’s external relations law ». Common Market Law Review 60, Issue 3 (1 juin 2023) : 667–700. http://dx.doi.org/10.54648/cola2023048.
Texte intégralRésumé :
The article reviews the legal significance of the European Union’s quest for “strategic autonomy” in its external relations. First the political origin of the term is recapped and a legal definition proposed: “Striving for multilateral solutions, while being able to take lawful action alone to safeguard the Union’s values, fundamental interests, security, independence and integrity!” Second, the application thereof in the EU’s common commercial policy is reviewed. In particular, the recent EU legislative initiatives that combat economic distortions on the one hand are distinguished from the pieces of EU legislation that foster EU values worldwide on the other hand. Third, the Common Foreign and Security Policy is considered. It is shown how the EU’s reaction in the aftermath of Russia’s invasion of Ukraine led to an unprecedented array of use of available instruments (European Peace Facility, ten sanctions packages, support for Ukraine for its legal cases against Russia). The conclusion identifies a new defining moment for the European project through a remarkable legal push from intergovernmental to integrationist conduct in its external relations in the 2020s. strategic autonomy, external relations law, common commercial policy, CFSP, European Peace Facility
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Damacena, Fernanda Dalla Libera. « Climate Change, Public Insecurity and Law : Conflicts Over Water Resources in the Brazilian Context ». Environmental Policy and Law 51, no 4 (16 août 2021) : 211–22. http://dx.doi.org/10.3233/epl-201040.
Texte intégralRésumé :
The article examines to what extent the adverse effects of climate change can be considered triggering factors of public insecurity. Against this background, it explores the growing environmental conflicts involving water resources in Brazil, including the Amazon region. In addition to the introduction and conclusion, the paper is structured around three topics. The first one outlines how the concept of public security has evolved to the present state, in which climate change is taken into account. Next, climate change is discussed as a factor that magnifies vulnerabilities, an argument supported by a discussion of historical events. The third topic highlights the main threats, vulnerabilities and conflicts involving water resources in Brazil, taking a scientific view of systemic risks and precaution. Finally, we propose rethinking the concept of public security in Brazil from a perspective of parameters involving regulations, principles and state initiative. The article suggests that the immediate and future effects of climate change do have a profound impact on social systems and on the environment, and may be a triggering factor of public insecurity. If institutions and governments do not address existing effects, and invest in adaptations to meet future scientific forecasts on climate change, social stability and the development of a culture of peace will be less likely in Brazil. A fundamental step in this process is the reformulation of the conventional concept of public security in the Brazilian legislation, in order to expressly incorporate the variable of climate security among its stated objectives. In addition, we point out a set of actions and principles with the potentital to promote not only adaptation and resilience, but also contribute to building peace. In terms of methodology, the study is descriptive, exploratory, legislative, bibliographical and documentary.
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Aburabia, Rawia. « FAMILY, NATION BUILDING, AND CITIZENSHIP : THE LEGAL REPRESENTATION OF MUSLIM WOMEN IN THE BAN AGAINST THE BIGAMY CLAUSE OF 1951 ». Journal of Law and Religion 34, no 3 (décembre 2019) : 310–31. http://dx.doi.org/10.1017/jlr.2019.43.
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AbstractThis article focuses on the representations and perceptions of Muslim Palestinian women as encapsulated by early Israeli legislation. The analysis is based on a close reading of the negotiations and discussions leading up to the criminalization of bigamy by the Israeli state and, in particular, those principal discussions surrounding the legislation of the Women's Equal Rights Law of 1951. Primary materials from the Israeli State Archives are used to reconstruct the debates in the Knesset, assess the legislation's intended effects on the Muslim Palestinian family, and trace the opposition to it fielded by the Palestinian religious leadership. The legislative process is dissected to expose the implicit and explicit patriarchal and nationalized underpinnings of the image of the “ideal family” fashioned by Israeli legislators. Despite their national divide, I argue, both the Israeli Knesset and the Muslim community leadership articulated women's roles in similarly distinctive national-patriarchal hues.
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Sun, Wenwen. « The Civil Law Regulatory Path of Internet Rumor Governance in the Context of Big Data ». International Journal of Education and Humanities 11, no 2 (7 novembre 2023) : 235–40. http://dx.doi.org/10.54097/ijeh.v11i2.13833.
Texte intégralRésumé :
Relying on the Internet, network rumors have the characteristics of fast spreading speed, great influence and strong harm, which will have a certain impact on people's production and life, therefore, they have also entered the vision of the government governance, but the delineation of the boundaries between the governance of network rumors and the protection of the freedom of expression has caused a lot of social controversy. At present, China's network rumor governance system faces legal dilemmas such as low legal status, legislative gaps, lagging legislation, fragmentation of the legal system, and the strong color of public law; China's network rumor governance system also faces practical dilemmas such as the difficulty of private remedies, and the impossibility of recovering the damaged reputation in a timely manner. Therefore, in order to better manage rumors, maintain the peace and stability of the country and society, and protect the immediate interests of the people, we should start from legislation and control rumors by law. Firstly, the definition of rumor should be clarified through legislation, secondly, the types and methods of punishment should be clarified through legislation, and finally, the legal system of Internet rumor management in China should be improved through multi-channel management of Internet rumors, so as to realize the grand goal of China under the rule of law.
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Mahato, Sanjaya, Rupesh Kumar Sah et Pooja Chaudhary. « The Legislators’ Engagement in Policy-making and Post-legislative Scrutiny in Nepal Since 1991 ». Journal of Southeast Asian Human Rights 4, no 1 (23 juin 2020) : 69. http://dx.doi.org/10.19184/jseahr.v4i1.17231.
Texte intégralRésumé :
Parliament enacts legislation and has a role to evaluate the implementation of legislation in meeting the intended outcomes. Post-legislative scrutiny (PLS) identifies defective legislation and rectifies it. As such, it contributes to better legislation and implementation of legislation objectives. However, this requires a strong commitment by the parliamentarians in the legislation process and policymaking. Along with a range of structural factors, including lack of expertise and experience and time constraints, the main reasons for the ineffective post-legislative review in Nepal stem from the Member of Parliaments’ (MPs) shallow engagement in policy-making and legislative review processes and stronger focus on expanding expenditure related to building roads, schools, and other vital infrastructure. For example, the Constituency Development Fund (CDF) provided to MPs has been continuously increased in consecutive elections since 1991. MPs appear to prioritize the political benefits of engaging with their electorate on funding and development projects, over their role in reviewing or scrutinizing legislation. This paper argues that the shallow engagement of MPs in the policy-making process and ineffective post-legislative review has resulted in not only defective and unsustainable policies but also defective legislation. This has created problems in the rule of law and accountability. This paper largely draws from reviewing contributions of delegated legislation committee for rule of law, evaluates the implementation of the committee recommendations in improving legislation and analyse the effects of noncompliance of committees’ recommendations in people’s justice.
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Abdurrahmani, Bledar. « The Communist past of Albania and the Country in 25 Years of Transition ». European Journal of Multidisciplinary Studies 4, no 4 (21 janvier 2017) : 110. http://dx.doi.org/10.26417/ejms.v4i4.p110-110.
Texte intégralRésumé :
Already quarter of a decade after the fall of communism in Albania, the country continues to struggle with an undergoing profound political, economic, social and legal transition period. This long transition challenges the constitutional aspiration of the Albanian people to build a democratic state that is founded on the protection and guarantee of human rights and fundamental freedoms, on building a future of social peace and economic prosperity. Despite a large corpus of constitutional and legal measures undertaken during the transition years to build a state of law based on freedom and human rights, the initiative of the free market, private and public property, they have failed to address adequately the demand for respect of human rights and fundamental freedoms of a category of subjects that during communism suffered the profound violation of these rights, were victims of vicious inhuman acts and unable to benefit from repair as much as possible of the consequences of these violations.This paper aims to make a thorough analysis of the concept of transitional justice, the legal instruments of international law used to address the obligation of ex communist states to take measures for the eradication of the communist past, as a prerequisite for building a functional democracy founded upon social peace and prosperity. The essence of this paper lies in assessing how these instruments are reflected in domestic legislation, the stage they are and the effects they have brought about. The focus of this paper are the factors that have conditioned the separation of Albania from its communist past and the steps needed to be undertaken.
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Susmayanti, Riana. « CHARACTER BUILDING AS ONE OF THE FOCUSES OF NATIONAL DEVELOPMENT PLANNING IN INDONESIAN LEGISLATION ». WASKITA Jurnal Pendidikan Nilai dan Pembangunan Karakter 7, no 1 (30 avril 2023) : 1–16. http://dx.doi.org/10.21776/ub.waskita.2023.007.01.1.
Texte intégralRésumé :
Character building is the foundation for realizing the vision of national development, which is to create a noble, moral, ethical, cultured, and civilized society based on the philosophy of Pancasila. Based on this background, the legal issues in this research are: 1) What is the object of character building that become the focus of national development planning? and 2) How is character building regulated in legislation? This research uses a statutory approach and a conceptual approach. The objects of character building that becomes the focus of national development planning are the character building of children, youth and the State Civil Apparatus. Character building regulated in several regulations, namely: Law No. 5 of 2014 on State Civil Apparatus, Amendment to Child Protection Law, Amendment to the Marriage Law, Law No. 18 of 2019 on the Islamic Boarding Schools, Law No. 11 of 2022 concerning Sport, Law No. 12 of 2022 on the Sexual Violence Crimes and Law No. 23 of 2022 on the Psychology Education and Services.
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Пилипенко, Анатолий, et Anatoliy Pilipyenko. « COMPARATIVE CONSTITUTIONAL AND ADMINISTRATIVE LAW : FROM ORIGINS TO MODERN ERA ». Journal of Foreign Legislation and Comparative Law 1, no 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16120.
Texte intégralRésumé :
If we consider 1965 to be the initial date of the formation of constitutional and administrative comparative studies, the year of creation in the Institute of the sector for foreign legislation on State Building, then this direction of the comparative law can rightly celebrate its 50th anniversary. During this period, the main research directions in the Comparative Constitutional and Administrative Law were determined: study and mastering of the comparative law method, research of organization and procedure of law-making, organization and procedures for preparation of draft legislation, legislative technique, Constitutions of foreign countries, a foreign federation, legal status of an individual, system of state-forming organs, individual institutions of constitutional and administrative law, modern trends in the development of administrative law, and others. These areas, in essence, define themes for future comparative law research in the field of comparative constitutional and administrative law.
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Rokilah, Rokilah. « The Role of the Regulations in Indonesia State System ». Ajudikasi : Jurnal Ilmu Hukum 4, no 1 (30 juillet 2020) : 29–38. http://dx.doi.org/10.30656/ajudikasi.v4i1.2216.
Texte intégralRésumé :
In the current era of globalization, when national borders are no longer clear, the existence of written law (jus scriptum), especially in the field of legal studies, namely legislation, has become a basic human need in efforts to achieve justice, peace and legal certainty. Based on the background of the problem, the formulation of the problem is: 1) how the role of legislation in the Indonesian constitutional system; 2) the function of legislation in the formation of national law. This study uses normative juridical research methods that are qualitative in nature. The data source used is secondary data sources, while the method of collecting data in researching research objects is library data obtained through library research. The results of this study illustrate that the role of legislation is increasingly important as a claim for the principle of legality as one of the characteristics of the rule of law, and the function of legislation confirms that the laws and regulations contain government policies primarily as a means of legitimacy for the government to run the government.
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Ward, Ruth. « Building Free Access to Law in Africa : Some Examples of Successful Projects ». Legal Information Management 14, no 4 (décembre 2014) : 290–300. http://dx.doi.org/10.1017/s1472669614000590.
Texte intégralRésumé :
AbstractRuth Ward explains how open access to legislation in Africa is a much more recent development than in the developed world. Several recently launched projects are well underway, and are contributing towards promoting justice and the rule of law in Africa. Access to legislation facilitates great transparency and access to the law for the promotion of trade and investment; and supports the resulting economic development on the continent. Several different approaches to establishing projects which deliver reliable consolidated access to legislation are illustrated, and show that successful projects can be established and maintained on modest budgets by very small teams.
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Leach, Andrew, et Eric Adams. « Seeing Double : Peace, Order, and Good Government, and the Impact of Federal Greenhouse Emissions Legislation on Provincial Jurisdiction ». Constitutional Forum / Forum constitutionnel 29, no 1 (3 février 2020) : 1–20. http://dx.doi.org/10.21991/cf29392.
Texte intégralRésumé :
Federal regulation of greenhouse gas (GHG) emissions presents a difficult challenge for Canadian constitutional law. The federal government’s legislation to implement a national minimum standard of GHG emissions pricing, the Greenhouse Gas Pollution Pricing Act (GGPPA), and the trio of reference cases launched by Saskatchewan, Ontario, and Alberta questioning its constitutional validity, have brought the law and politics of GHG emissions pricing to the forefront of Canadian federalism. In the two appellate court decisions delivered to date, the legislation has been sustained as a valid exercise of Parliament’s power to legislate for the Peace, Order, and Good Government (POGG) of Canada. In each case, however, judges have expressed significant concern with respect to the impact of the legislation on provincial jurisdiction.
We draw on recent and historic jurisprudence to characterize conceptual errors that have bedevilled POGG, specifically in the tendency to overestimate its impact on provincial jurisdiction. We then examine the existing interpretive principles that limit POGG’s ability to upend the critical balance inherent in the division of powers. Finally, we discuss how a properly empowered, calibrated, and constrained POGG relates to the GGPPA. We argue that the reduction of national GHG emissions constitutes a valid federal subject under the national concern branch of POGG, and that the GGPPA is a valid exercise of federal jurisdiction. We see no reason under the double aspect doctrine and cooperative federalism why provinces would lose any existing provincial jurisdiction as a result of the implementation of the GGPPA. Rather, a restrained approach to paramountcy, and the mechanics of the GGPPA itself suggest that provincial and federal legislation will work concurrently on GHGs. That seems entirely appropriate given the nature of the climate change crisis before us. In the legislative challenge of our time, we believe Canada’s Constitution is up to the task.
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Kim, Won oh. « Preliminary Review for Establishing a Classification System of Data Legislation ». LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 13, no 2 (31 décembre 2022) : 1–42. http://dx.doi.org/10.34267/cbstl.2022.13.2.1.
Texte intégralRésumé :
Data law is a new legal field that has emerged as the legal system is internally differentiated in line with the complex and innovative changes of modern society, especially informatization and digital transformation. As a result, unlike the traditional 'Pandekten Law' system in which public law, civil law, and criminal law are clearly distinguished, in the data law, public law and private law, civil law and criminal law, and substantive law and procedural law are not divided, but coexist, centering on data regulatory system. Therefore, efforts are required to establish a classification system for data related laws.
This paper first examines the categories of data law and it’s process of formation and development. Firstly, the essence of data and the definition of data defined in major laws are comprehensively reviewed, and then the rights related to data and common characteristics of data laws are considered based on understanding the theoretical meaning of data laws & regulation. Through this, we search for and categorize laws that can belong to the category of data law, and establish a system. The starting point for the formation of the Data Act is found in the initial unique identification information establishment and management and Information Disclosure Act, such as the Resident Registration Act, and the formation process of legislation for the protection of information and data is also examined. Then, with the advent of legislation in the information age when e-government progressed and data use and utilization laws, we will summarize how the data law system has developed through consideration of the laws of the period when the differentiation of data law occurred in earnest.
Second, a comprehensive look at the legal regulatory system for data.
Firstly, the current status of major data laws will be reviewed based on the traditional classification of public and private law, general law and special law, and the overview of the national data governance system and the differences in the regulatory system by data type will be reviewed.
Third, based on this review, a preliminary review for the classification of data laws will be conducted. Data regulatory system is examined from various angles in terms of protection, promotion, and regulation, and at the same time, it is divided into general law and special law, domestic law and international law, data public law and data private law, and data protection law and data utilization law to ensure the systematicity and consistency of the regulatory system. Let's take a comprehensive look at the classification system that can be improved.
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Shahzad, Amir. « Cyber-Terrorism Law, Implementation and Ways Forward ». International Journal for Electronic Crime Investigation 3, no 2 (7 juin 2019) : 10. http://dx.doi.org/10.54692/ijeci.2019.030232.
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This research paper is concerned with focused critical analysis of cyber terrorism laws in Pakistan. Cyberspace is now becoming a battlefield where terrorists are active on dark net and using digital tunnel for which every country of the world has to take necessary steps for global peace, in the same way Pakistan needs an effective legislation and its efficient implementation. We explore here some crucial questions regarding cyberterrorism threats, cyber terrorism laws, implementation challenges and some recommendations based on current situation as well as a slight glance on future perspective of the topic Cyber terrorism law, implementation and the ways forward
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SAYAPIN, Sergey. « The Implementation of Crimes Against the Peace and Security of Mankind in the Penal Legislation of the Republic of Kazakhstan ». Asian Journal of International Law 10, no 1 (27 juin 2019) : 1–11. http://dx.doi.org/10.1017/s2044251319000110.
Texte intégralRésumé :
AbstractThe penal legislation of the Republic of Kazakhstan includes a number of crimes against the peace and security of mankind. Among these are most of the traditional “core” crimes under international law—genocide, war crimes, and the crime of aggression—as well as some other crimes. Crimes against humanity are not included in the Criminal Code so far but some of their definitional features are shared by so-called “extremist crimes”. In addition to other customary crimes against the peace and security of mankind—such as deliberately attacking internationally protected persons and organizations and abusing internationally protected emblems—the Code also includes more novel crimes, such as participation in foreign armed conflicts. This paper analyses the relevant provisions of the Criminal Code of Kazakhstan in the light of corresponding treaty-based and customary rules of international law, and suggests further improvements to be made to the Code.
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Рузанова, Валентина. « Природа нормативного массива в сфере информационных технологий и его место в системах российского права и законодательства (в аспекте процесса «цифровизации» права) ». Studia Sieci Uniwersytetów Pogranicza 5 (2021) : 177–89. http://dx.doi.org/10.15290/sup.2021.05.12.
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Goal – the purpose of this research is to identify the nature of the normative array governing relations arising in connection with the introduction and use of information, including digital technologies, and to determine its place in the systems of Russian law and legislation. Research methodology – both general and particular methods of cognition were applied in the research: dialectical, systemic, intersectoral, etc. Score/results – the nature of the normative array in the field of information, including digital, technologies was revealed as a complex composition on the basis of the characteristics and range of regulated relations and its place was determined to be a secondary structure of law and an element of the legislative system. The author found that it is necessary to amend the legislation and to implement additional regulations of the new relationships. Originality/value – theoretical conclusions and proposals can be used for further development of doctrinal approaches to building a system of law and legislation in the field of information technology and improving legal regulation.
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Do, Hoc Van. « Law of the state board of management of documents during the innovation in Viet Nam (1986 - 2010) ». Science and Technology Development Journal 16, no 1 (31 mars 2013) : 63–76. http://dx.doi.org/10.32508/stdj.v16i1.1403.
Texte intégralRésumé :
State to improve the system of management, we must first build the full legal provisions on the issuance of documents. On the basis of the resurrection of the legislative process in writing issued by Vietnam for more than 20 years of reform (1986-2010), showing the contents: summary results, evaluate the results, advantages achieved; limitations and shortcomings as well as the experience gained from over 20 years of practical legislation on issuing documents in Vietnam, the specific proposals contribute to building legislation documents issued in the context of state agencies are authorized construction bill issued legal documents.
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CUI, YONGCHUN et Choong-Hoon Lee. « A Study on the Building Lease Legislation in China’s Civil Law ». Chinese Law Review 35, no ll (août 2018) : 215–47. http://dx.doi.org/10.22415/clr.2018.35..010.
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Mambela, Febri, Shilvirichiyanti Shilvirichiyanti et Aprinelita Aprinelita. « Penegakan Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Diwilayah Hukum Kepolisian Sektor Kuantan Tengah Kabupaten Kuantan Singingi ». AL-MANHAJ : Jurnal Hukum dan Pranata Sosial Islam 4, no 2 (29 décembre 2022) : 691–98. http://dx.doi.org/10.37680/almanhaj.v4i2.1991.
Texte intégralRésumé :
Law enforcement against criminal acts of domestic violence in the jurisdiction of the Central Kuantan Sector Police takes preventive measures, namely seeking peace or mediation to the parties by providing input and solutions to problematic parties and socializing law number 23 of 2004 concerning the elimination of domestic violence. domestic violence and repressive actions such as investigation, investigation, arrest, detention, search, confiscation, and submission of case files. Inhibiting Factors in Law Enforcement of Domestic Violence in the Police Legal Area of Central Kuantan Sector, namely Legislation Factors, Law Enforcement Factors, Facilities and Infrastructure Factors.
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Tabassi, Lisa Woollomes. « National Implementing Legislation for the Chemical Weapons Convention : The Experience of the First Two Years ». Yearbook of International Humanitarian Law 2 (décembre 1999) : 264–82. http://dx.doi.org/10.1017/s1389135900000453.
Texte intégralRésumé :
‘We are witnessing today an historic event. An entire category of weapons of mass destruction has been banned by the Chemical Weapons Convention … Pause for a moment, if you will, and consider the symbolism, but more importantly the significance of this act. It is not merely a great step in the cause of disarmament and nonproliferation. It is not merely a signal of restraint and discipline in war. It is much more. It is a momentous act of peace.’
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Murphy, Mahon. « Global War and Anti-Radical Legislation : Japan and the Peace Preservation Law of 1925 ». First World War Studies 14, no 1 (2 janvier 2023) : 155–70. http://dx.doi.org/10.1080/19475020.2024.2307060.
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Islam, Mohammad Saidul. « Domestic measures during peace time for the implementation of International Humanitarian Law (IHL) ». IIUC Studies 14, no 2 (20 décembre 2017) : 111–26. http://dx.doi.org/10.3329/iiucs.v14i2.39884.
Texte intégralRésumé :
International Humanitarian Law (IHL) is frequently neglected by the Parties to the Geneva Conventions during armed conflict (AC). In the contemporary world, IHL has been facing a great threat due to lack of proper implementation which resulted in the severe wounds, unnecessary sufferings, superfluous injury, and even death to the civilians, children, women, and combatants in and outside the armed field. For the implementation of IHL, it is essential that States must take proper steps during peace, conflict, and post-conflict time. The article presents the various mechanisms of implementation of IHL need to be taken by the States during the time of peace. It also focuses the most significant peace time steps sought to be taken by the State to make the IHL rules familiar to the civilians and combatant, to ensure the availability of the necessary instrumentalities for using those during AC for protection and minimization of the sufferings of the victims and to enact essential legislation for trial of the violators after the end of the conflict.
IIUC Studies Vol.14(2) December 2017: 111-126
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Dąbrowski, Karol. « The Idea of the Construction Police in the Historical Perspective against the Background of the German Legal Culture ». Przegląd Prawa Administracyjnego 2 (29 novembre 2020) : 23–40. http://dx.doi.org/10.17951/ppa.2019.2.23-40.
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Th Construction Police, as a task (function) of the state, is the public safety department, which ensures the safety and culture for the using of the building objects. Th institutional roots of this department date back to the age of Enlightenment, the doctrinal ones – to early modern period or even earlier and the legislative ones – to the 19th century. Ths Police is connected with the fire and sanitary safety of buildings. Building laws became the part of the code law, then of police ordinances and, finally, the separate building ordinances were issued (in cities at fist). In the German territories, the period after the Thirty Years’ war was of great importance for the development of the legislation and the building policies, together with the development of cameralism (Kameralismus) and political economy (Polizeiwissenschaft). Th 19th century was the era of codification of the building law in the form of nationwide building acts.
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Hongyan, Liu. « SYSTEMIC REFORM OF CHINESE ANTICORRUPTION LEGISLATION AND ENFORCEMENT PRACTICE ». Law Enforcement Review 1, no 4 (10 janvier 2018) : 140–47. http://dx.doi.org/10.24147/2542-1514.2017.1(4).140-147.
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The subject. The article is devoted to the analysis of ongoing systematic reform of Chinese anticorruption legislation and practice of its enforcement.The purpose of the article is to formulate ways of improvement Chinese anti-corruption legislation.The methods of legislation analysis and synthesis of legislative gaps and contradictions are used.The results, scope of application. Nowadays, China is moving from the struggle against corruption by political means to the struggle by legal means. In attempt to construct a system of anti-corruption legislation, China is actively forming a dualistic normative system and a mechanism for the interaction between party norms and state legislation. A multilevel vertical-integrated system of anti-corruption legislation with "The anti-corruption law" as a core was created; the Party is stressing the priority status of preventive legislation and the auxiliary role of legislation on control over power. This system should became the basis for building Chinese anti-corruption legislation. The author formulated a system of principles of Chinese anti-corruption legislation, including the principles of efficiency, consistency, economy and gradualism. The importance of the anti-corruption legislative program, the task formulated in 2015, is underlined. The list of the main anti-corruption legislative acts has been determined, including legislation in the aspects "do not dare to take [bribes]", "cannot take [bribes]" and "do not want to take [bribes]". The problem of improving the legislation in the "do not dare to take" aspect have been specially considered, including improvement of criminal legislation, adoption of the law on accountability and responsibility of public servants, as well as the adoption of an anti-corruption law. The main alternatives and problems of improving legislation in the context of "not being able to take" are considered, such as adoption of laws on declaration of property of public servants, on pre-vention of conflict of interests, on transparency of the administration, on public hearings, and the improvement of party norms.Conclusions. China is experiencing a crucial turning point in the fight against corruption since the beginning of the modernization transformation and is in the strategic "window of opportunities". Active and systematic construction of anti-corruption legislation, the transit from formal counteraction to real counteraction is the key to overcoming the current "corruption crisis with Chinese characteristics".
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Almusawi, Bassim Jameel. « Criminal Protection of the Family in the Iraqi Legislation ». Hasanuddin Law Review 7, no 1 (2 avril 2021) : 21. http://dx.doi.org/10.20956/halrev.v7i1.2167.
Texte intégralRésumé :
The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.
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Horbach-Kudria, Ivanna, et Oleksandr Kostyliev. « Disarmament of civilians after war : International standards and national legislation ». Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 29, no 2 (5 mai 2024) : 32–43. http://dx.doi.org/10.56215/naia-herald/2.2024.32.
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In the 21st century, the human need for self-defence, protection of relatives and property has raised the issue of regulatory legalisation of conventional weapons, and their disproportionate concentration in the hands of Ukrainian citizens as a result of military and political events to the real threats to post- war peace will require effective mechanisms of prohibitions and restrictions without violating the right to life. The purpose of this study was to design a model of national security in the field of use, development, accumulation, and proliferation of concrete types of conventional weapons in a special period. To fulfil this purpose, the study employed the methods of content analysis combined with heuristic search, empirical analysis, mathematical percentage ratio, and concrete analogy. It was found that the mechanisms of civilian disarmament in the modern world are directly related to the introduction of legalisation or prohibition of conventional weapons and ammunition for the civilian population. The geopolitical challenges of the 21st century have revealed the unpreparedness of national systems to ensure the right to life in times of armed aggression and civil wars. The weakening of the influence of international organisations and their regulations has increased the significance of national legislation in shaping global security. The study analysed the definition of the term “weapon” in the current legislation of Ukraine and the relevant EU Directive. It was concluded on the necessity of adopting a special law on weapons at the national level. The terminological consistency with international standards of the Draft Law of Ukraine No. 5708 of 25 June 2021, adopted by the Verkhovna Rada of Ukraine on 23 February 2022 as a basis for the law, was stated. The study outlined the areas of implementation of the mechanism of prohibitions or restrictions on the use, development, accumulation, and proliferation of concrete types of conventional weapons during a special period, namely: formation of national legislation, creation of powerful police units, and implementation of international mini-disarmament programmes. The practical significance of this study is that its findings can be used in international and national lawmaking, development of mechanisms for preparing the country for the transition from martial law during the period of rebuilding peace
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Pozniak, E. « THE PRINCIPLE OF ECOLOGICAL CULTURE FORMATION IN UKRAINE : PROBLEMS OF THEORETICAL AND LEGAL CONTENT AND PROSPECTS OF DEVELOPMENT ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no 118 (2021) : 92–99. http://dx.doi.org/10.17721/1728-2195/2021/3.118-17.
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The article examines the theoretical and legal, legislative and other approaches to understanding the essence and content of the principle of formation of ecological culture in environmental law and legislation of Ukraine. At present, the principle of formation of ecological culture is only partially reflected in the norms of the Constitution of Ukraine and current legislation, in particular the Law of Ukraine "On Environmental Protection". The implementation of this principle in legislative, practical and law enforcement activities will help increase the level of environmental and legal awareness and culture, ecologization of national law and legislation. The level of ecological and ecological-legal culture in society determines the effectiveness of operation of ecological management and control system, the guarantee of the ecological safety of economic and other activities, the achievement of ecological law and order, the restoration of ecological balance, the development of science and ecological knowledge. The strengthening of the principle of ecological culture formation will be promoted by performance of the strategic tasks put in provisions of sources of the state ecological policy, primarily, the Basic principles (strategy) of the state ecological policy for the period till 2030. Proposals have been made to improve the current legislation in order to take into account the principle of forming an environmental culture, guaranteeing the sustainable development of our country from the standpoint of current challenges and processes of globalization. The opinion on the expediency of constitutional contemplation of the principle of formation of ecological culture as a basis for building a democratic, social, legal and ecological state had been expressed. This principle is offered to supplement the main sources of natural resources, environmental law and environmental safety law. The introduction of the principle of formation of ecological culture in the national legislation should assume a nature of a systemic character, which will help to provide the coherence of environmental law and other branches in the regulation of environmental relations. This will increase the level of ecological and legal culture of society and citizens and strengthen the course of our state towards international and European integration. Keywords: ecological culture, ecological-legal culture, ecological law, ecological legislation, environment, principles of ecological law, principles of law, state ecological policy
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Wijayanti, Winda. « Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012) ». Jurnal Konstitusi 10, no 1 (20 mai 2016) : 179. http://dx.doi.org/10.31078/jk1018.
Texte intégralRésumé :
Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.
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Alisherovich, Egamberdiev Dilshod. « ORGANIZATIONAL AND LEGAL ASPECTS OF THE IMPLEMENTATION OF INTERNATIONAL LAW NORMS INTO NATIONAL LEGISLATION REGULATING THE ACTIVITIES OF JOINT INVESTIGATION TEAMS ». International Journal of Law And Criminology 4, no 1 (1 janvier 2024) : 77–85. http://dx.doi.org/10.37547/ijlc/volume04issue01-14.
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In the world, the introduction of international legal standards into national legislation creates the nessesity to take a fresh look at the issues of bringing laws into line with them. Bringing national legislation and relevant regulations into line with international standards, in turn, requires improving legislation related to ensuring the activities of law enforcement agencies, especiallythe rights and interests of persons who have committed crime. The Republic of Uzbekistan, as a sovereign state, as a full member of the international community, fulfills the obligations provided for by international law, in particular, we can achieve the preservation of international peace and security, respect for human rights, etc. In this article, the author scientifically substantiated the organizational and legal aspects of the implementation in the Republic of Uzbekistan of international acts regulating the activities of joint investigative groups. Some thoughts and opinions have been put forward on the further development of this activity.
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Montoya Londoño, Catalina, et Maryluz Vallejo Mejía. « Development vs peace ? The role of media in the Law of Victims and Land Restitution in Colombia ». Media, War & ; Conflict 11, no 3 (25 mai 2017) : 336–57. http://dx.doi.org/10.1177/1750635217710677.
Texte intégralRésumé :
The Law of Victims and Land Restitution, ratified in June 2011 and enforced since January 2012, constitutes an unprecedented attempt to end armed conflict in Colombia by applying a transitional justice framework and fostering rural development. Drawing on a methodology that integrates framing and rhetorical analysis, this article analyses the role of seven national and local Colombian newspapers in promoting governmental or alternative actors and frames regarding institutional, developmental, and peace and human rights agendas linked to this legislation. In addition, it evaluates the influence of rhetorical framing on media’s role and the resulting quality of media coverage. The results show that the media promoted governmental frames regarding institutional and developmental issues, and alternative frames advocated by other actors in relation to peace and human rights issues. In addition, they confirm the key importance of rhetorical framing in shaping that role. This was detrimental to the quality of media coverage geared towards sustainable peace and human development.
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Reshnyak, Mariya G. « Genocide : On Some Shortcomings in the Regulation of Criminal Liability ». Теория и практика общественного развития, no 4 (24 avril 2024) : 179–84. http://dx.doi.org/10.24158/tipor.2024.4.22.
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The present article addresses a range of pertinent issues concerning the regulation of criminal liability for gen-ocide, a topic that has gained particular significance in recent years. Utilizing the universal dialectical method, along with other methodologies such as sociological, comparative legal, and others, the author, through an analysis of the current criminal legislation of Russia, provisions of international law, doctrinal works of Russian scholars, and materials of judicial practice related to responsibility for genocide, formulates scientifically sub-stantiated conclusions that refine the existing approach to regulating criminal liability for genocide as a crime against peace and security of mankind. Additionally, the author presents proposals regarding criminal-law measures for its prevention and the primary direc-tions for enhancing legislation and practice in this field.
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Yoo, Ji-A. « Japan’s total war system and anti-communist policy against Korea ». Association Of Korean-Japanese National Studies 43 (31 décembre 2022) : 5–41. http://dx.doi.org/10.35647/kjna.2022.43.5.
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This research examines Japan's total war system during the war from the aspect of anti-communist policy. Among them, Japan judged that the threat of the Communist Party was more serious in Korea than in Japan, and analyzed that it implemented an anti-communist policy in Korea that combined the judicial Peace Preservation Law and the cultural Korean Anti-Communist Association. The Soviet Revolution of 1917 had a great impact on the Western nations, and in 1920, it became a fashion in Europe and the United States to enact security legislation in order to prevent forces that would cooperate with the Soviet Union and promote domestic revolutionary movements. Japan enacted the Radical Social Movement Control Law in the early 1920s, and in 1925 it enacted the Peace Preservation Law. And Japan tried to deal with communism not only with the Soviet-Japanese Basic Treaty. This Peace Preservation Law was applied to suppress nationalist and socialist-affiliated independence movements in Korea. In Korea, not only communism, but also national and independence movements had to be suppressed and cracked down, so the Peace Preservation Law was applied to all cases.
Also, in the 1930s, Japan began to feel the effects of the Great Depression, and as a result, the labor movement and the peasant movement grew to an unprecedented scale. Then, in 1936, he submitted a bill to revise the Peace Preservation Law and passed the ‘Thought Criminal Probation Law’. In 1938, Japan began to advocate the need for a complete revision of the Peace Preservation Law, mainly through on-site ideological examinations. This is because Japan recognized that maintaining security in the rear was the most important issue in the process of developing a total war system following the outbreak of the Sino-Japanese War. Such demands resulted in a complete revision of the Peace Preservation Law in 1941. At that time, Japan had an overwhelming number of cases of applying the Peace Preservation Law in Korea compared to other colonies. This was due to the perception of the Japanese authorities that the geographical and social conditions of Korea were more influenced by communism than Japan. In addition to this, on August 15, 1938, the Korean Anti-Communist Association was established to thoroughly eradicate communist ideology, and carried out anti-communist education through various projects. In this way, Japan tried to prevent the spread of communism to Korea under the total war system during the war through the Peace Preservation Law and the Korean Anti-Communist Association.
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Afesha, Nigussie. « Functional Domains of IGR Forums, House of Federation and Ministry of Peace in Ethiopia : The Need for Clarity ». Mizan Law Review 16, no 2 (31 décembre 2022) : 305–38. http://dx.doi.org/10.4314/mlr.v16i2.3.
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Intergovernmental relations have been attached with the House of Federation and the Ministry of Peace until the enactment of the new Intergovernmental relations (IGR) legislation. The new legislation establishes six major intergovernmental consultative forums. It states their areas of engagement and indicates the distinct roles of each institution. The newly established IGR forums can create cooperative and uncompetitive relations between the federal government and regional states thereby changing the contour of the Ethiopian IGR system. This article examines whether the enactment of the new IGR law overlaps with the power and functions of the House of Federation and Ministry of Peace which have been facilitating federal-state or interstate relations. I argue that there are power overlaps and fusion of responsibilities between the House of Federation, the Ministry of Peace, and the newly established IGR forums. In this regard, an attempt is made to draw a clear functional realm among these institutions in connection with their mandates in facilitating smooth federal-state or interstate relations, and also to maintain transparency and accountability within these institutions relative to roles and tasks. The delineation of their power and functions is important to further enhance the IGR system in the Ethiopian federation.
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Wei, Lijun. « Construction of the Interactive Relationship between Law Enforcement and Legislation Based on the Background of Big Data ». Mathematical Problems in Engineering 2022 (17 mai 2022) : 1–6. http://dx.doi.org/10.1155/2022/6888268.
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Under the background of the current era of ever-increasing speed of information technology iteration and increasing application of big data, it is necessary to conduct in-depth research on the interaction between administrative law enforcement and legislation and try to construct its system. From the perspective of big data, building an interactive system of law enforcement and legislation is also an important exploration. Starting from clarifying the existing relationship between law enforcement and legislation, this study analyzes the positive impact of big data on the construction of the interactive relationship between law enforcement and legislation. Finally, this study attempts to construct the interaction between administrative law enforcement and legislation under the background of big data by focusing on the construction and operation mechanism of the big data platform, the interaction mechanism between law enforcement and law enforcement in the big data platform, and the guarantee mechanism of the interaction between law enforcement and legislation under the big data platform to promote the establishment and improvement of a “complete legal norm system” and an “efficient rule of law enforcement system” to achieve precise governance.
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Санисалова, Наталья, Natalya Sanisalova, Екатерина Салдаева et Ekaterina Saldaeva. « Problems of development of legislation and judicial practice in the field of corporate relations in Russia and Germany : a comparative legal aspect ». Comparative Research In Law and Politics 1, no 2 (1 novembre 2013) : 81–86. http://dx.doi.org/10.12737/1929.
Texte intégralRésumé :
The article deals with the concept of corporate entities in the legislation of Russia and Germany have shown trends “Europeanization” of Private Law at the present stage, the trend of development of Russian corporate law. The analysis of the most significant changes in civil and corporate law in Russia and Germany. The article follows the idea of the necessity of building development concept, reception and coordination of legislation. Evaluates the implementation of the legislative innovations of similar legal systems, in particular, the German legal system. This study was carried out on the basis of comparative legal analysis to determine the most appropriate legal path of development and improvement of the legal system of the countries studied. In this article are analyzed only some aspects of civil law and jurisprudence Russia and Germany, which appear to be most interesting. We also find edostatki in the legal regulation in the resolution of corporate disputes.
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Windapo, Abimbola Olukemi, et Jack Steven Goulding. « Understanding the gap between green building practice and legislation requirements in South Africa ». Smart and Sustainable Built Environment 4, no 1 (18 mai 2015) : 67–96. http://dx.doi.org/10.1108/sasbe-01-2014-0002.
Texte intégralRésumé :
Purpose – The purpose of this paper is to examine green building legislation requirements and practices in the construction project execution stage within the context of the South African construction industry. The rationale for this examination rests with the perception that the implementation of green practices (per se) has been recognised as being “behind” the legislation enacted to control the design and construction of green buildings. Design/methodology/approach – The research process consisted of a literature review to identify existing green building legislation and practices applicable to the project execution phase. This was supported by a sequential mixed-method research approach, which involved a survey of contracting companies based in the Western Cape Province of South Africa. Purposive sampling was used to undertake focused interviews with management staff and site operatives. Findings – Research findings established a number of issues, not least: a gap between green building practices and legislation requirements; a high degree of unawareness of green building legislation/practices by construction company stakeholders; selective implementation of health and safety legislative requirements; that management staff had a more “positive” attitude to green building practices than site-based staff who tended to be less motivated and open to such practices. Research limitations/implications – Results from this study are considered generalisable with the sample frame only. Research inference and projections should therefore only be made within this set, and not to the wider population of South African contractors (as this study was limited to the Western Cape Province). Practical implications – Implications from this research are applicable to construction company stakeholders within the population set. Practical considerations include the need to acknowledge a formal commitment to developing a sustainable built environment – especially cognisant of the gap between practices on site and green building legislation requirements. Moreover, this lack of awareness in respect of green building practices and legislation requirements impinges upon several wider areas, not least: construction company stakeholders’ positioning, health and safety practices; managerial and operational staff perceptions, and stakeholders’ willingness and motivation to proactively address these gaps. Social implications – Government bodies and allied professionals in charge of construction industry development are encouraged to consider the implementation of green building legislation requirements on construction sites. This reflection should encourage engagement through formative legislative provision and transparent awareness campaigns. Originality/value – This work is original insofar as it directly addresses the alignment of legislation to current practices within the context of the South African construction industry. However, similar exercises have been undertaken on green building legislation in other countries such as USA, UK and Australia.
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Gracheva, Yulia V. « Nuremberg trial and contemporary Criminal Law (based on A.N. Savenkov “Nuremberg : A Verdict for name of Peace”) ». Gosudarstvo i pravo, no 4 (2022) : 42. http://dx.doi.org/10.31857/s102694520019555-1.
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The article is based on the recent book written by A.N. Savenkov and devoted to legacy of Nuremberg trial. Authors analyze chapter 34 of the Russian Criminal Code and specifically its Article 3541 on their consistency with the Nuremberg legacy. The conclusion is formulated, that criminal legislation may be improved here
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김민주. « Study of Business Compensation for Building Premium by Legislation of Public Law ». Ajou Law Review 8, no 4 (février 2015) : 345–82. http://dx.doi.org/10.21589/ajlaw.2015.8.4.345.
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Vasilios, Kanavas, Zisopoulos Athanasios et Stamatis Papangelou. « Small Forensic “Smart-Law-Scripts” the First Step for Intelligent Justice Punishment in Law Enforcement, Economic Crime and Alternative Sentences ». Business and Economic Research 8, no 2 (23 avril 2018) : 154. http://dx.doi.org/10.5296/ber.v8i2.13045.
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In our research we introduce “the forensic smart contract” as a punishment alternative for tiny law violations. After studied the legislation boundaries and legal power transfer example for out of court applications, we evaluated three Blockchain applications covering three various cases in smart contracting. A smart-Law-script to eliminate illegal cellphone car use, with best punishment an Irrevocable prepayment in digi-money for a car phone kit. Then a “Lawscript” resolving the double taxation problem in international tax conventions. Finally a Court launches a community sentence through a “Rehabilitation Law sentence script”. After mass adoption of our methodologies we faced an unexpected globalization peace factor in Blockchain and much wide adoption of CBDC (Central Bank Digital Currency).
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Kiselyova, O. I., V. V. Myrhorod-Karpova et K. R. Koroshchenko. « The content of the category "law enforcement agency" in terms of reforming the domestic system ». Analytical and Comparative Jurisprudence, no 2 (24 juillet 2022) : 147–52. http://dx.doi.org/10.24144/2788-6018.2022.02.28.
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Building a reliable and effective law enforcement system is one of the main tasks of every state. With each new reform, Ukraine's law enforcement system is moving away from the Soviet model and closer to the European one. The threat to national security, the constant misunderstandings of the civilian population and law enforcement agencies, the shortcomings of the category encourage scientists to engage in research on reforming the system in the field of national legislation.
However, it is necessary to start reforming such a large-scale industry by defining this category. Many effective modernization measures have been successful due to foreign experience. It is in the definition of this category that the main mission and tasks of the functioning of bodies are covered. Some countries emphasize that law enforcement agencies protect the interests of the state first and then the citizens, while others emphasize that the mission of this system is to protect citizens, peace and security, and to respect all rights and freedoms in the performance of their duties. The article also focuses on the territorial organization of the system in foreign countries, because the better the territory is controlled, the safer the lives of citizens. Necessary for a general understanding of the category is the experience of scientists in the past years, so the article highlights the quotes of scientists on this issue. It has been noted that many authors question whether the judiciary belongs to law enforcement agencies.
We emphasize that the processes of European integration require the state-building structure to reform and modernize in the direction of more efficient and humane functioning of law enforcement agencies. Therefore, large-scale reform of this system in Ukraine is inevitable, because of this definition, which would reflect the main mission and objectives of the operation is necessary.
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Kravchenko, Ya A. « Violations of Building Laws : Problems of Prosecution ». Sociology and Law, no 1 (2 avril 2021) : 112–18. http://dx.doi.org/10.35854/2219-6242-2021-1-112-118.
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The article explores the problems associated with holding accountable in cases of violation of legislation in the field of construction. The author claims that the bulk of the violations that are identified in the construction industry are accounted for by the facts of the construction without the necessary legal documents for land and permits for the construction. It is noted that the main reason entailing violation of construction legislation is the presence of gaps in the law. In conclusion, the author suggests fixing the obligation of the authorized body on the personal official website to display a register of multiapartment buildings that are being built on its territory. In such a register you must specify certain information.
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Ivanov, Aleksandr. « Tackling Environmental Crimes in Russia : Problems and Prospects from the Viewpoint of Building an Environmental and Legal Culture ». Всероссийский криминологический журнал 13, no 1 (26 février 2019) : 114–24. http://dx.doi.org/10.17150/2500-4255.2019.13(1).114-124.
Texte intégralRésumé :
The author presents a brief historical overview of the institute of environmental-legal liability in Russian and foreign legislation and examines the relevance of introducing the concept of environmental-legal liability; the author also analyzes the discussion on including in Russian and foreign legislation a system of criminal law liability measures for crimes connected with the use of natural resources and environmental protection. The author examines views of Russian and foreign authors on the process of building environmental legislation and notes that it faces various problems. The greatest problem is that the public conscience is not ready for criminal law prohibitions in the environmental sphere, which leads to a high number of offences, the inability of law enforcement bodies to effectively use criminal law measures against people who have violated the nature protection legislation, the latent character of this group of crimes, the absence of unity and consistency in the actions of lawmakers, especially regarding the adoption of environmental normative legal acts at different levels. The author suggests replacing some concepts and norms used in Russian criminal legislation and changing the classification of environmental crimes. He uses the methods of comparative law to analyze the experience of creating a codified normative legal act in the sphere of nature protection. The author concludes that it is too early now to adopt an environmental code in Russia, that the legal system is not ready to build the institute of environmental legal liability and that it is necessary to develop environmental legislation through the traditional method – by including the corresponding rules in the acts of different branches of law. He examines the correlation between the existing administrative and criminal legal prohibitions and concludes that in some cases such prohibitions merge in public consciousness. The author states that the object of crime in the sphere of environmental protection is often multifaceted and complex. He presents the results of a sociological study and concludes that it is necessary to build a system of criminal law prohibitions that corresponds to the public needs and the existing level of legal culture of the people.
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SHAKHNOVSKAYA, I. « BASES OF THE TERRITORIAL ORGANIZATION OF LOCAL SELF-GOVERNMENT IN STATES OF CONTINENTAL AND ANGLO-SAXON LAW ». Vestnik of Polotsk State University Part D Economic and legal sciences 62, no 12 (14 novembre 2022) : 148–51. http://dx.doi.org/10.52928/2070-1632-2022-62-12-148-151.
Texte intégralRésumé :
The article deals with the issues of territorial organization of local self-government in the states of Anglo-Saxon and continental law. Particular attention is paid to the latest changes in the constitutional legislation of this group of states in the field of ATU reform, an analysis of national legislation in the field of building the territorial foundations of local self-government is carried out. The main trends in the development of legislation on local self-government in the states of continental and Anglo-Saxon law are revealed.