Статті в журналах з теми "Grants-in-aid, law and legislation"
Щоб переглянути інші типи публікацій з цієї теми, перейдіть за посиланням: Grants-in-aid, law and legislation.
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-50 статей у журналах для дослідження на тему "Grants-in-aid, law and legislation".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте статті в журналах для різних дисциплін та оформлюйте правильно вашу бібліографію.
1
Veselovskyi, Bohdan. "EVOLUTION OF LEGAL REGULATION OF SERVICES OF GENERAL ECONOMIC INTEREST IN UKRAINE." Scientific Journal of Polonia University 46, no. 3 (November 12, 2021): 195–201. http://dx.doi.org/10.23856/4625.
Повний текст джерелаАнотація:
The purpose of the article is to show in the historical development the formation of the institute of services of general economic interest (SGEI) in the Ukrainian legal tradition under the influence of European integration strategic actions. One of such actions is the harmonization of Ukrainian legislation with the law of the European Union. SGEI, in the context of another "legal novelty" for Ukraine as state aid as part of competition law, have changed the existing approaches to the distribution of already known subsidies and grants. A set of new rules forced the state authorities to adhere to clear rules, failure to comply with which is fraught with real sanctions. In the course of the study, it was revealed that the institute of SGEI has already found its reflection and practice in the Ukrainian legal system. But at the same time, all norms of legislation on services of general economic interest do not correspond to the practice of the EU, and legislative changes are necessary to launch reforms in this area.
2
Amin, Choerul. "Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 235–44. http://dx.doi.org/10.15294/ijicle.v3i2.46172.
Повний текст джерелаАнотація:
Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms.
3
Siegfried, Nikolaus. "LEGISLATION AND LEGITIMATION IN OMAN: THE BASIC LAW." Islamic Law and Society 7, no. 3 (2000): 359–97. http://dx.doi.org/10.1163/156851900507689.
Повний текст джерелаАнотація:
AbstractWhen Sultan Qabus issued Decree 101 on November 6, 1996, Oman was the last Arab country to implement a constitutional document. However, the political impact of this document is controversial: Whereas some consider the Basic Law a step towards democratization, others see merely a continuation of traditional policies. In this article I investigate the innovative potential of the Basic Law. Against the background of Omani and regional history and European and Islamic constitutional thought, I review the Decree with regard to authority and legitimation. I suggest that the law is mainly symbolic in character. It exploits tribal and Islamic concepts to create a historically unfounded notion of a homogeneous state. The civil liberties it grants do not extend to the public sphere. I conclude that Oman's Basic Law does nothing more than to freeze the status quo, according to which the Sultan remains the only recognized authority in the state.
4
Barlow, Anna. "Administrative Law and Human Rights Standards in Legal Aid: An Overview with Examples from Finland and England & Wales." European Public Law 23, Issue 1 (February 1, 2017): 165–91. http://dx.doi.org/10.54648/euro2017009.
Повний текст джерелаАнотація:
The majority of writing on legal aid is from a socio-legal or political perspective and little attention has been paid to legal aid as a branch of administrative law. This is an important failing as the legal aid requirements imposed by international human rights law do not only relate to the scope of legal aid, but also establish parameters for the administration of legal aid schemes. These requirements may be met directly within the specific legislation governing legal aid, but in some instances rely on the application of general domestic administrative law principles. Employing a comparative approach, this article explores some of the connections between administrative law, international human rights law and the provision of legal aid, using the jurisdictions of Finland and England & Wales as examples. Good protection of the relevant international human rights standards is provided in Finland through a robust administrative law system which contains a clear set of basic principles and is directly applicable to the making of decisions on legal aid. In England & Wales administrative law principles are not as helpful; however the manner in which administrative law acts upon discretionary decision-making in that jurisdiction means that strengthening administrative law principles might not have much impact on legal aid administration. In such a situation subject-specific legal aid legislation must be relied upon to meet human rights standards.
5
Kurepina, Olena. "Legal regime stimulating economic activities: Convergence of Ukrainian legislation with EU law based on SDGs." Revista Amazonia Investiga 12, no. 70 (October 30, 2023): 32–42. http://dx.doi.org/10.34069/ai/2023.70.10.3.
Повний текст джерелаАнотація:
The purpose of the research is to substantiate ways to improve Ukrainian legislation, defining the features of the functioning of individual elements of SLREA, which will facilitate the achievement of SDGs. The study is based on a review of scientific literature dedicated to specific elements of SLREA (public procurement and state aid), Ukrainian legislation, and specific EU legal acts regarding the application of certain stimulating measures to achieve SDGs. It is argued that, compared to the institution of public procurement, the institution of state aid exhibits a significantly lower degree of actualization and integration into the legal framework supporting SDGs. It is substantiated that the modernization of Ukrainian legislation in the field of state aid should occur based on the model of legal regulation of the state aid system in the EU on the principles of SDGs. The development of SLREA in the context of adapting Ukrainian legislation to EU law should involve the integration of SDGs into the legal toolkit of such a regime.
6
Alemanno, Alberto. "A Meeting of Minds on Impact Assessment." European Public Law 17, Issue 3 (September 1, 2011): 485–505. http://dx.doi.org/10.54648/euro2011034.
Повний текст джерелаАнотація:
This article aims at exploring the interactions that may arise from the European institutions' increasing reliance on ex ante evaluation mechanisms of proposed legislation, such as impact assessment (IA), and ex post judicial review of adopted legislation. IA, the privileged ex ante evaluation tool adopted by the European Union (EU) to identify the expected effects of new legislation, by offering a legality check of each Commission proposal well before its adoption, may serve - as illustrated by the recent judgments in Vodaphone and Afton Chemical - not only as an aid to the legislator but also as an aid to the parties and an aid to court within the ex post review of adopted legislation. After systematizing the different encounters that might occur between IA and judicial review, this article anticipates, by relying on a few examples, a meeting of minds between the EU legislature and the judiciary on IA.
7
Derkach, E. M. "Legal issues on carriage of humanitarian aid cargo under martial law." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 82–86. http://dx.doi.org/10.24144/2788-6018.2022.01.15.
Повний текст джерелаАнотація:
The article analyzes the legal framework on humanitarian aid transportation, as well as identifies vectors for improving the relevant legislation. It is emphasized that under martial law the possibilities of national economy is significantly limited, the logistics chains within the country are broken, that led to significant changes in approaches in organizing and implementing transport activities; reorientation of the transport market from commercial services to transportation of humanitarian aid cargo; priority road transportion of goods due to restrictions on other modes of transport. It is emphasized that current challenges need to be taken into account at the legislation level.
A comparative analysis of the general and simplified procedures for importing humanitarian aid cargoes to the territory of Ukraine has been provided. It is noted that under martial law the transportation of humanitarian goods has been gradually simplified according to legislation. The stages of developing the Ukrainian legislation concerning the import of humanitarian aid cargoes are covered.
The article focuses on the peculiarities of transportation of humanitarian aid by rail (JSC «Ukrzaliznytsia») under the martial law. It is concluded that the transportation of humanitarian goods as a type of economic (foreign economic) activity is characterized by certain features: 1) special (simplified under martial law) procedure for customs clearance and customs control; 2) special subjects: a) direct participants: donors, recipients, acquirers, transport organizations (carriers); b) indirect participants (authorized public authorities, etc.); 3) specific object of transportation (humanitarian goods). The peculiarities in carriage of humanitarian goods under martial law are highlighted. The article substantiates the need to reflect the features of formating and implementing the contracts on carriage of humanitarian goods in special transport legislation of Ukraine, in particular the Rules of Carriage of Goods.
8
Bailey, Diggory. "INTERPRETING PARLIAMENTARY INACTION." Cambridge Law Journal 79, no. 2 (May 15, 2020): 245–59. http://dx.doi.org/10.1017/s0008197320000276.
Повний текст джерелаАнотація:
AbstractThis article considers the interpretive significance of legislative inaction. Section I considers the nature of arguments based on legislative inaction. Section II explores the practical, conceptual and constitutional problems with trying to rely on legislative inaction as an interpretive aid. Section III concludes that attempts to draw inferences from legislative inaction alone are deeply flawed, but that inferences might legitimately be drawn from inaction if it forms part of the context against which the legislation is enacted. Even then, however, there are practical difficulties in determining what inferences to draw.
9
Suratno, Sadhu Bagas. "Pembentukan Peraturan Kebijakan Berdasarkan Asas-Asas Umum Pemerintahan yang Baik." e-Journal Lentera Hukum 4, no. 3 (December 10, 2017): 164. http://dx.doi.org/10.19184/ejlh.v4i3.5499.
Повний текст джерелаАнотація:
The creation of policy is one of the prerogatives of a free and uninhibited (freies ermessen, or free discretion) government administrations. Although freies ermessen grants free authority to the government, within the framework of national the law said the government should still observe legislation and the Principles of Good Governance. However, at the implementation level, there are still many policies that which are difficult to put into effect due to ambiguous interpretation and conflicts of interest, thus resulting in legal uncertainty. Based on this, there needs to be an affirmation of the position taken by the Indonesian government regarding the contradictory relationship between written law and implementation, so as to ensure the appropriate application of the principles of freies ermessen.
Keywords: Policy Rules, Freies Ermessen, Legislatin, Good Governance Principles
10
Ladsamyxay, Bounmy. "The Right to Access a Lawyer in Laotian Criminal Law." Asia-Pacific Journal on Human Rights and the Law 16, no. 1-2 (October 6, 2015): 42–54. http://dx.doi.org/10.1163/15718158-01601004.
Повний текст джерелаАнотація:
This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao pdr complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.
11
Steynberg, L. "Distinguishing Between Private Law and Social-Security Law in Deducting Social Grants from Claims for Loss of Support." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (June 8, 2017): 259. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2590.
Повний текст джерелаАнотація:
This article attempts to highlight the potential danger in applying private-law principles to social-security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue comes to the fore where a damage-causing event, such as death, sets into motion a system that provides for the payment of social benefits, damages or both. In social-security law, the receipt of more than one social benefit is called "double dipping", whereas in private law the problem of double compensation is addressed by applying the collateral-source rule. In some instances the applicable legislation clearly prescribes the deduction or not of the social benefit, but unfortunately our legislation is not always clear on this issue and this can best be illustrated by two recent conflicting decisions in Makhuvela (SGHC) and Timis (SCA). In Makhuvela the court held that a foster-care grant should be disregarded in calculating the award for damages, inter alia because the child will never have a claim to the grant. In Timis the SCA distinguished the facts from Makhuvela and held that the child-support grants received by the mother after the father's death are directly linked to the death of the father and should therefore be deducted from her claim for loss of support. It is submitted that although the outcome of the Timis decision is correct, the court should have incorporated the means test into the process of deciding if the grant should be deducted from the compensation. A two-phase approach is suggested: first determine if the receipt of the grant is directly linked to the death of the breadwinner, and secondly determine how the grant and the subsequent settlement paid by a wrongdoer will affect the circumstances of a particular individual or family. The objectives in social-security law differ from the objectives in the law of damages and therefore the principles applied in cases of double dipping cannot be equated with those applied in cases of collateral benefits.
12
Berchanskiy, K. A. "Extreme Necessity in Case of Harm during First Aid." Actual Problems of Russian Law 17, no. 5 (April 19, 2022): 116–33. http://dx.doi.org/10.17803/1994-1471.2022.138.5.116-133.
Повний текст джерелаАнотація:
In the course of the research, the author discovered 31 criminal cases considered by Russian courts resulting in a non-rehabilitating decision due to causing death when providing first aid. At the same time, this phenomenon is mostly unknown to domestic researchers. The purpose of the paper is the criminal law assessment of the first aid provision by non-professional subjects. To achieve this goal, the following tasks were set: to establish the possibility of the presence of an extreme necessity in the provision of first aid; to establish conditions under which causing harm in the provision of such assistance does not entail criminal liability; to make proposals for eliminating defects in law enforcement and improving Russian legislation. To achieve these tasks, the author applied formal legal, formal dogmatic and statistical methods, as well as a set of general philosophical methods, including analysis, synthesis, deduction and induction. As a result of the study, cases of inconsistency of judicial practice with the norms of the domestic criminal law on extreme necessity were identified. Contrary to the arguments of some courts, when harm is caused during first aid, there may be some extreme necessity, exceeding which does not entail criminal liability for causing harm. The conclusions of the study are that the Russian criminal law on extreme necessity corresponds to the tasks facing the legislator; the problem lies in the insufficient understanding of its provisions by the judges. The author made proposals for reforming related provisions of the criminal law on the basis of the legislation of Canada and the United States.
13
Sigamany, Indrani. "Land rights and neoliberalism: an irreconcilable conflict for indigenous peoples in India?" International Journal of Law in Context 13, no. 3 (December 28, 2016): 369–87. http://dx.doi.org/10.1017/s1744552316000392.
Повний текст джерелаАнотація:
AbstractDoes legislation that grants land rights necessarily ensure justice? The Forest Rights Act of 2006 (FRA) in India, a landmark social justice law, aims to enhance land security for forest peoples. Increasingly displaced by development and extractive industries that intensify impoverishment, indigenous peoples in India should, with the FRA, be able to protect their land, their livelihoods and their culture. Continued government violations of forest land rights in the name of development highlight that economically vulnerable populations lack the power to take advantage of legislation. I examine the tension of current indigenous land struggles in the context of the legal frameworks of the FRA and the neoliberal culture of India.
14
Oheruk, I., and A. Habuda. "Regarding the issue of the representation of denunciators in criminal proceedings." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 16(28) (December 13, 2023): 141–47. http://dx.doi.org/10.33098/2078-6670.2023.16.28.141-147.
Повний текст джерелаАнотація:
Purpose: The purpose of this work is to analyze the current legislation regarding the issue of the representation of denunciators in criminal proceedings and to determine the extent of alignment between the legal positions of different normative acts on this matter. Methodology: The methodology involves a comprehensive analysis and synthesis of existing scientific and theoretical material and the formulation of corresponding conclusions and recommendations. The research employed the following methods of scientific cognition: terminological, logical-semantic, functional, systemic-structural, and logical-normative. Results: During the research, it was determined that the denunciator emerged in the national legal field due to changes in anti-corruption legislation. Among other changes, the denunciator was granted the right to representation in proceedings, which can be realized by using all forms of legal aid provided by the Law of Ukraine "On Free Legal Aid", engaging a lawyer independently, and appealing to the National Agency on Corruption Prevention. However, certain provisions of anti-corruption legislation, particularly in the Law of Ukraine "On Prevention of Corruption" regarding the representation of denunciators for the protection of their interests, and certain provisions of the Criminal Procedure Code of Ukraine and other legislative acts regarding the representation of denunciators in criminal proceedings, require coordination and synchronization. Scientific novelty: In the course of the research, it was established that despite the corresponding provisions of the Law of Ukraine "On Prevention of Corruption", the Criminal Procedure Code of Ukraine does not provide any guidance on the representation of the denunciator's interests in criminal proceedings, and does not involve a mechanism for the denunciator to utilize free legal aid. The Law of Ukraine "On Free Legal Aid" does not include the denunciator among the entities entitled to free secondary legal assistance. Also, it was determined that the Criminal Procedure Code of Ukraine does not regulate the mandatory presence of representatives of the National Agency on Corruption Prevention at court sessions. It was also found that there is no regulation on the right of the National Agency Corruption Prevention to initiate the review of court decisions in judicial proceedings and the procedure for confirming the representation of the denunciator in criminal proceedings. Practical significance: The research results can be used in law-making and law enforcement activities during a pre-trial investigation of corruption offenses and offenses related to corruption.
15
Aarsaether, N. "Institutional Design and Central—Local Strategies: Introducing the New Block Grants System in Norway." Environment and Planning C: Government and Policy 7, no. 3 (September 1989): 301–12. http://dx.doi.org/10.1068/c070301.
Повний текст джерелаАнотація:
When special grants are replaced by block grants in a central–local financing system, central government steering of the communalized welfare sectors can no longer be based on economic incentives. In this paper the potential for central government control over welfare policies under block-grants conditions is discussed, with particular reference to the change in the Norwegian transfers system. It is argued that, given high ambitions for the welfare state at the central level, a central government may find legislation to be an insufficient means of control, and it may be more likely to search for new types of economic incentives to make the communes perform according to the priorities of the national welfare state. In doing so, however, the central government must find methods of legitimizing a partial return to old practices that do not contradict the principle of block grants.
16
Guziejewska, Beata, Anna Majdzińska, and Agata Żółtaszek. "The Flypaper Effect and Desirable Legislative Changes to Local Government Financing Systems." Lex localis - Journal of Local Self-Government 19, no. 3 (July 22, 2021): 587–608. http://dx.doi.org/10.4335/19.3.587-608(2021).
Повний текст джерелаАнотація:
A substantial portion of local government funding in Poland comes from intergovernmental transfers. It may lead to the flypaper effect, which means that external revenues contribute to greater local government spending than locally-collected revenues. This study analyses how different revenue categories influenced local government spending in Poland between 2009 and 2018. Panel econometric models are used to test a hypothesis about whether the flypaper effect occurred in that period and to identify the potential causes. The results confirm to some extent that all three levels of local government were affected by the flypaper effect, and they point to intergovernmental transfers (general grants, specific grants, and shares of corporate income tax revenue) as the main causes. The research findings can be of use in reforming local government funding legislation in Poland and other countries, especially when the size of the public sector and public spending need to be reduced.
17
Dulevski, Stoycho. "Some Remarks on the Possibility of VAT Group’s Introduction Into the Bulgarian Tax Legislation." Financial Law Review, no. 24 (4) (December 30, 2021): 69–81. http://dx.doi.org/10.4467/22996834flr.21.033.15400.
Повний текст джерелаАнотація:
The provision of Art. 11 of the Council Directive 2006/112 of 28 November 2006 on the common system of value added tax (VAT Directive) introduces the VAT group’s concept. It should be noted that it grants a right and not an obligation on a Member State (MS) to transpose this text into its domestic law on appropriate way. So far, Bulgaria has not such provision in its national legislation. The current study is dived into three main parts. The first examines some relevant case law of the Court of Justice of the European Union (CJEU) in this matter that will be followed by author’s comment. The second emphasizes certain VAT group’s specifics through the prism of the domestic legislation of some MSs. The third refers to its possible future transposition into the Bulgarian tax law. Taking into account both the European and the national practice on this issue, the author will try to design an exemplary VAT group’s provision from Bulgarian perspective.
18
Krykun, Viacheslav, Ihor Hanenko, and Ihor Bykov. "Criminal Procedural Protection of Human Rights in Conditions of an Armed Conflict." Revista Justiça do Direito 37, no. 3 (December 30, 2023): 146–56. http://dx.doi.org/10.5335/rjd.v37i3.15361.
Повний текст джерелаАнотація:
The purpose of the research is to disclose criminal procedural protection (defense) of human rights in conditions of an armed conflict. Interpretation of Article 45 of the Criminal Procedure Code of Ukraine in terms of limiting the constitutional right to choose a defense lawyer has been analyzed. A comparative analysis of current and European legislation in the sphere of access to legal aid is presented. Decisions of the ECtHR in the cases “Brusco v. France”, “Talat Tanci v. Turkey”, “Katz and others v. Ukraine” have been researched. The main issues related to participation of the defense party in criminal proceedings are highlighted. It has been theoretically established that an efficient implementation of the right to defense in criminal proceedings requires the application of the ECtHR practice, which serves as an additional effective mechanism for effective defense of human rights and representation of human interests in criminal proceedings. Scientific approaches to the introduction of a new system of legal aid and defense have been researched. A comparative analysis of current and European legislation in the sphere of access to legal aid is presented. Decisions of the ECtHR in the cases “Brusco v. France”, “Talat Tanci v. Turkey”, “Katz and others v. Ukraine” have been researched. The main issues related to participation of the defense party in criminal proceedings are highlighted. It has been theoretically established that an efficient implementation of the right to defense in criminal proceedings requires the application of the ECtHR practice, which serves as an additional effective mechanism for effective defense of human rights and representation of human interests in criminal proceedings. A conclusion has been drawn on the need to improve Ukrainian legislation in terms of determining the legal status of a defense attorney in criminal proceedings and bringing Ukrainian legislation closer to generally recognized international standards.
19
Rennuy, Nicolas. "The emergence of a parallel system of social security coordination." Common Market Law Review 50, Issue 5 (October 1, 2013): 1221–66. http://dx.doi.org/10.54648/cola2013131.
Повний текст джерелаАнотація:
The ECJ grants migrant citizens an increasingly wide access to the social security schemes of Member States lacking competence. This line of case law is conceptualized as creating a parallel system of social security coordination. Its foundations lie in the doctrine of pre-emption and the case law on Union citizenship, both of which remodel the constitutional relationship between the free movement provisions of the TFEU on the one hand, and, on the other, secondary EU legislation (in particular Regulations 1408/71 and 883/2004) and national law. The system adds a layer of social security protection for migrants under the legislation of Member States with which they have a privileged connection. As a corollary, it imposes additional duties upon these States, which until recently were entirely free of social security responsibilities. The uncertain position of the employer generates a tension between the freedom to provide services and the free movement of workers.
20
Mamatkazin, I. R. "ISSUES OF FORMATION OF PENSION RIGHTS IN MANDATORY PENSION INSURANCE, TAKING INTO ACCOUNT THE PREVIOUSLY EXISTING PENSION LEGISLATION." Ex jure, no. 4 (2021): 116–27. http://dx.doi.org/10.17072/2619-0648-2021-4-116-127.
Повний текст джерелаАнотація:
Abstract: in state pension insurance, there is a rule on the application of previously existing legislation in the appointment of insurance pensions. This is a feature of the Russian state pension insurance. The legislation that regulated pension relations in the previous period applies, even if it has become invalid at the time of pension assignment. This is due to the possibility to retain the right to a pension, to form an insurance experience in a larger amount than according to the norms of the current legislation. But the norms of the current pension legislation contain benefits that were absent in the previous legislation. In this case, the application of the current pension rules is more profitable for the insured person. In this regard, the pension law grants the right to discharge the insured person of the model of formation of his pension rights: with the application of the norms of previously existing legislation or according to the legislation in force during the appointment of the insurance pension. This rule was introduced into legal practice by the Decision of the Constitutional Court of the Russian Federation of January 29, 2004, № 2-P, which is currently taken into account in various norms of the current legislation.
21
Budhiartie, Arrie, David Pradhan, and Arti Devi. "CRITIQUING DELEGATED LEGISLATION ON PREVENTING SEXUAL HARASSMENT OF WOMEN IN INDIAN HIGHER EDUCATION INSTITUTIONS." Diponegoro Law Review 9, no. 1 (April 30, 2024): 136–52. http://dx.doi.org/10.14710/dilrev.9.1.2024.136-152.
Повний текст джерелаАнотація:
Sexual harassment of women in the workplace is a serious issue in India, affecting all social and professional sectors, including elite higher education institutions. This problem violates women's fundamental rights to equality and livelihood, breaches professional ethics, and hampers the productivity and potential of many academics. Although the Indian Parliament enacted a comprehensive law in 2013 to address sexual harassment at workplaces, the implementation, especially in educational institutions, is flawed due to bureaucratic inefficiencies. There is a lack of unbiased analysis on how delegated regulations by administrative authorities undermine the law's intent. This research article conducts a legal analysis of the law's implementation in higher educational institutions, using doctrinal research methodology. It identifies subjective and ultra vires provisions introduced by ideologically driven bureaucrats that compromise the law's validity and effectiveness. The study highlights deviations in delegated legislation from the original law and suggests corrective measures to address significant flaws in the regulations framed by the University Grants Commission.
22
Ashadi, Ikhwan, Putra Hutomo, and Amelia Nur Widyanti. "KEPASTIAN HUKUM MENGENAI HIBAH WASIAT DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH." SENTRI: Jurnal Riset Ilmiah 2, no. 9 (September 10, 2023): 3646–54. http://dx.doi.org/10.55681/sentri.v2i9.1519.
Повний текст джерелаАнотація:
Book of Civil Law (KUHPer), the concept of Grant is divided into two forms, yaito Grant and probate grant. The basic difference between the two is that the grant is made while the grantor is still alive, while the will grant is only carried out after the will grantor dies. The law regarding grants is regulated in Article 1666 of the Civil Code, while probate grants are regulated in Article 957 of the Civil Code. Related to the collection of duties on the acquisition of land and building rights, although the acquisition value of non-taxable taxable objects is regulated by local regulations under Article 46 paragraph 8,. in this study raised the issue of how the implementation of probate grants in the practice of law in Indonesia? And how the legal certainty of probate grants in terms of Law No. 1 year 2022 on the financial relationship between Central and local governments?by using the theory of Agreement and The Theory of legal certainty The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. That the court will certify the will if it meets the requirements of the law, checks for compliance with the provisions of applicable law, and ensures that there are no disputes that prevent the execution of the grant. The implementation of this will grant is a harmonization between the principles of treaty law and agrarian law. Although it is a form of agreement, the probate Grant is also subject to agrarian regulations governing land and property rights. Thus, the legal process in accordance with the applicable provisions is important to maintain the validity and continuity of the implementation of the probate Grant and protect the rights of the parties involved and that Law No. 1 of 2022 on financial relations between Central and local governments has an important impact on the legal certainty of the implementation of probate grants in Indonesia, especially in terms of the protection and management of donated property. Although it does not directly regulate probate grants, it does provide a broader legal context that can support clarity of procedure and protection of the rights of grantees
23
Zakurdaeva, A. Yu, L. I. Dezhurny, and A. A. Kolodkin. "Extended First Aid: Perspectives and Challenges of Regulatory and Legal Framework." Disaster Medicine, no. 4 (December 2021): 32–36. http://dx.doi.org/10.33266/2070-1004-2021-4-32-36.
Повний текст джерелаАнотація:
In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.
24
Tri Utami, Nurani Ajeng, and Hibnu Nugroho. "THE URGENCY OF PARALEGAL POSITION IN LAW ENFORCEMENT IN INDONESIA THROUGH THE PROVISION OF LEGAL AID." Proceeding ICMA-SURE 2, no. 1 (February 10, 2023): 167. http://dx.doi.org/10.20884/2.procicma.2023.2.1.7749.
Повний текст джерелаАнотація:
Legal aid distribution at the moment does not yet reach the whole Indonesian people because existing limitations for the implementation of the law so that paralegal is required to increase the range of legal aid. Considering the importance of that, it is needed to legitimation for a paralegal position in enforcement law for optimizing the role of the paralegal. The aim of this study is to knowing the importance and legitimacy of paralegal position in regulations legislation in Indonesia and to knowing optimization of the position and role of paralegals in enforcement law through legal aid. The method research used is juridical normative with approach statute, analysis, and concepts. Research results show that reason that is a consequence of the rule of law adopted by Indonesia and is a right constitutional as well as a protection right basic as equality before the law, setting more carry on of legal aid regulation, as aspect obligations and state responsibilities in giving legal aid, guarantee certainty for paralegal law in operating their duties, and as the effort for creating order in organizing giver legal aid especially paralegals. Optimization of paralegals’ position in the enforcement of Indonesian law in giving legal aid could be conducted through increasing paralegal competence with follow the training, networking, and cadre of paralegals from start district level, regional until lowest in the village, Skill advocate Public in the form of defense and support to the community, and giving law protection for paralegals in operating their job in giving legal aid.
25
Wardani, Raden Siti Rachmah. "Regional Representative Council in the Indonesian State Governance System: A Study of the Bicameral System." SIGn Jurnal Hukum 5, no. 1 (April 14, 2023): 1–16. http://dx.doi.org/10.37276/sjh.v5i1.228.
Повний текст джерелаАнотація:
This study aims to examine and analyze the authority of the DPD in the law-forming process based on the bicameral system. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the DPD members possess strong political legitimacy, because members of both chambers within the legislative branch are elected through the electoral process in Indonesia. However, no provision in the legislation grants the DPD a legislative function. Instead, the DPD holds limited authority in the law-forming process, only able to propose, participate in discussions, and provide considerations to the DPR over draft laws. In comparison, Indonesia’s DPD has significantly more limited authority than senates in other countries with bicameral systems. Additionally, several perspectives, paradigms, and differentiating factors help explain the reasons and objectives behind implementing bicameral systems. Therefore, it is recommended that stakeholders understand the various perspectives, paradigms, and differentiating factors that explain the reasons and objectives behind implementing bicameral systems in other countries. This understanding aims to enhance the authority of the DPD as a legislative power within the Indonesian state governance system. This understanding can also serve as a consideration for stakeholders in amending the 1945 Constitution, Law Number 17 of 2014, and Law Number 12 of 2011. In this context, the legislative function in a bicameral system refers to forming and ratifying laws by both chambers within the legislative branch. Consequently, Indonesia’s bicameral system can become more effective, responsive, and inclusive, ultimately promoting a more democratic and stable state governance system in the future.
26
KOSCHUK, Tetiana. "Agreements between tax authorities and taxpayers in the context of EU law on state aid." Fìnansi Ukraïni 2021, no. 1 (March 18, 2021): 64–82. http://dx.doi.org/10.33763/finukr2021.01.064.
Повний текст джерелаАнотація:
This article analyses how the application of the EU legislation on state aid has impacted the development of cooperation between tax authorities and taxpayers through the various forms of agreements they enter into. These measures of tax administration may qualify as state aid to business entities only if they meet all the criteria for such aid, namely: they should offer an economic advantage to the beneficiary; they should be granted by the state or through state resources; they should be selective; they should distort competition and have an adverse impact on trade. Furthermore, there are some areas to which the general rules of state aid do not apply. The latter include, among others, the operations of agricultural industries and the actions the state is obliged to take under international treaties. The analysis of the European Commission's approaches and case law has given rise to the following conclusions: 1) the write-off, instalment and deferral arrangements for the tax debt of insolvent economic entities will qualify for state aid only if it is proven that more funds would have made it into the budget had the corresponding agreements not been in place (in particular, if the taxpayer had gone bankrupt); 2) to recognize the consequences of the violation of transfer pricing rules as state aid when entering into advance pricing agreements, it is crucial to unequivocally prove that tax legislation has been violated and prove that, in view of all other opportunities for taxation under the "standard" conditions, the company has in fact paid less taxes; 3) involvement in joint legal compliance programs will not be considered a provision of state aid if the terms of such cooperation provide only procedural benefits to the parties to the agreements, rather than entailing any reduced tax liability for a business entity.
27
Rybak, S. V., and E. A. Rybalka. "Gift Agreement: Topical Problems of Legal Regulation." Legal Order and Legal Values 1, no. 2 (July 17, 2023): 56–67. http://dx.doi.org/10.23947/2949-1843-2023-1-2-56-67.
Повний текст джерелаАнотація:
Introduction. The theoretical and practical importance of the contractual legal relationships, the specifics of their legal regulation in the present-day conditions imply a contract to be a driver of the dynamic processes of commodity exchange. Therefore, due to involvement of the increasing number of objects into the civil circulation and fostering freedom of competition, the role of a contract is also growing. At the same time, in recent times the special attention in the national Civil Law is being paid to creation of the legal construct ensuring development of the gratuitous relationships. In this regard, a gratuitous contract category and, in particular, a gift agreement category are of considerable interest. One of the objectives of today’s Civil Law is creation of the legal construct ensuring development of the above-mentioned gratuitous relationships. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), although traditionally stipulating the certain types of gratuitous contracts, still leaves unsolved a number of issues: systematisation of gratuitous obligations, type composition, socially beneficial goals, etc. In the current legislation, the legal constructs of technical and humanitarian aid contracts are stipulated in the ambiguous way. The relationships comprising the element of gratuitousness related to charity, donation, patronage, grants, etc. need a clear legislative regulation. Meanwhile, the legal regulation of the gratuitous contacts in the current economic situation falls considerably behind the present day demands. Therefore, understanding the essence and legal nature of a gift agreement and its place in the present-day Civil Law of Russia is of particular interest. The aim of this study is to identify the most topical problems of the gift agreement legal regulation in the national legislation and difficulties in application practices thereof.Materials and Methods. The legal regulation designated for drawing up the gratuitous contracts was analysed, whereas the gift agreements among them were of particular interest. During the research, a combination of general and specific scientific methods of cognizing the legal reality were applied. The methods of analysis and synthesis, comparative legal analysis, as well as the dialectical method were used for writing the article, which made it possible to ensure the comprehensive study of the material under analysis, internal integrity of the study, as well as credibility and consistency of the research provisions.Results. It has been proved that the institution of gift-giving is in a state of constant legislative improvement. That is why, a number of provisions have been elaborated to foster the development of this institution in the national legislation.Discussion and Conclusions. The problems of the gift agreement legal regulation have been identified, including the law enforcement errors, which occupy a special place in the national judicial practices. All of the above-mentioned does not merely make the topic of the present study relevant, but also determines the main trends for improvement of the current Russian legislation referring to the gift agreement regulation.
28
Adoyevskaya, O. A. "Implementation of the principle of equality and guarantee of the rights of convicted persons." Juridical Journal of Samara University 7, no. 3 (February 2, 2022): 25–30. http://dx.doi.org/10.18287/2542-047x-2021-7-3-25-30.
Повний текст джерелаАнотація:
The article deals with the problems of implementing the universally recognized principle of equality in penal enforcement policy and guaranteeing the rights of convicts, as well as suspects accused of committing crimes in custody. The fundamental rights of convicted and detained persons are analyzed. It is proved that not all fundamental rights of convicted and detained persons are guaranteed by law in accordance with the principle of equality, which is among the universally recognized principles of international law and is aimed at international legal protection against discrimination. It is proved that the penal enforcement legislation does not provide for legislative restrictions guaranteeing protection against discrimination on any grounds. In the case of convicted and detained persons, there are often inequalities in gender, age, property and legal aid. Now an opportunity to serve prison term concerning women and minors at the place of residence as it is provided for men isn't enshrined in the criminal and executive legislation. Such a legislative decision contributes to the severance of family and socio-useful ties among convicted women and minors. The prohibition of the use of technical means by lawyers in the territory of a correctional institution is discriminatory, since it infringes on the right of convicts to receive qualified legal assistance, guaranteed by the Constitution of the Russian Federation. The article shows the differences in penal policy between the haves and the poor, which is also classically discriminatory and unacceptable. It was concluded that the implementation of universally recognized principles of international law, including the principle of equality of citizens before the law and the court, is the responsibility of the legislative and law enforcement agencies and contributes to the achievement of the goals of criminal enforcement legislation, as well as to strengthening citizens' faith in the institutions of State power.
29
Podorozhna, Tetiana, Larysa Makarenko, Liudmyla Andrusiv, Oleksandr Kotukha, and Halyna Sanahurska. "Qualified Legal Aid in Developed Democracies: A Comparative Legal Study." International Journal of Criminology and Sociology 9 (October 21, 2021): 3112–23. http://dx.doi.org/10.6000/1929-4409.2020.09.378.
Повний текст джерелаАнотація:
Professional associations of lawyers play an important part in improving the quality of qualified legal aid. The largest association of legal professionals today is the International Bar Association. In September 1990, the International Bar Association adopted the Standards for the Independence of the Legal Profession, which are designed to enhance the role and importance of lawyers. Accordingly, as stated in the preamble to the Standards, they should be taken into account and respected by national governments when drafting national legislation and practice, as well as by all lawyers, judges, the representatives of executive and legislative power, and society at large. The purpose of the study is a comparative legal analysis of the features of providing qualified legal aid in developed democracies. The leading method during the study was comparative legal analysis. As a result of the analysis, it was concluded that the problem of guaranteeing the right to receive qualified legal aid is common to all modern states. But the ways to solve it differ, because the content of law as a statutory regulator of social relations is determined in the context of national systems and is deeply connected with their culture.
30
Almlöf, Hanna. "Regulation of Shareholder Exits in Closely Held Companies – Reflections from Sweden." European Company and Financial Law Review 19, no. 2 (April 1, 2022): 175–202. http://dx.doi.org/10.1515/ecfr-2022-0007.
Повний текст джерелаАнотація:
Abstract The success of closely held companies largely depends on a well-functioning collaboration between the shareholders. Split ambitions, differenced targets and conflicts among owners can create a need to end the collaboration. The owners need a plan for a structural business partner divorce, i. e., regulation of shareholder exits. This study analyze full and partial shareholder exits with the aid of an interview study with eighteen legal advisors. Through a grounded approach to analysis, and with aid of the Nvivo software, different exit situations are identified and categorized. Exit strategies can be regulated in shareholders’ agreements, in the articles of association, or by legislation. The later alternative, correctly constructed, could reduce transactions costs for the shareholders, as the legislation can serve as a standard contract. This study assesses to what extent the Swedish Companies Act functions as a standard contract for closely held firms on the topic of exit regulation. The study reveals that the Swedish Companies Act is of little help. Instead, the cost of contracting to regulate exits in shareholders’ agreements is placed on the parties. This calls for legislative change.
31
Lauffer, Kimberly A., Sean D. Baker, and Natalee Seely. "D.C. news media coverage of the district’s Death With Dignity Act." Newspaper Research Journal 41, no. 1 (September 18, 2019): 53–70. http://dx.doi.org/10.1177/0739532919873140.
Повний текст джерелаАнотація:
In 2016, the District of Columbia City Council passed the Death With Dignity Act. Afterward, Congress attempted to block its implementation by first invoking Congress’s power to overturn the law and then, when unsuccessful in that effort, withhold money from the District. Previous studies examining local news media coverage of aid-in-dying legislation have identified several recurrent frames. D.C. news publications invoked those frames as well as others more specific to the District. Understanding how aid in dying and related legislation is portrayed in newspaper coverage is important as more jurisdictions consider legalization of the practice.
32
Putri, Utari Lorensi, and Sulastri Caniago. "TINJAUAN FIQH SIYASAH DUSTURIYAH TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM." JISRAH: Jurnal Integrasi Ilmu Syariah 2, no. 2 (August 31, 2021): 193. http://dx.doi.org/10.31958/jisrah.v2i2.4347.
Повний текст джерелаАнотація:
The focus of the study in this research is on the perspective of fiqh siyasah dusturiyah to the Legislation Number 16 of 2011 concerning Legal Aid. The purpose of this paper is to explain and analyze how the implementation of Legal Aid towards the fulfillment of the rights and justice of the people based on the Indonesian constitution and fiqh siyasah dusturiyah perspective. Legal Aid itself is so that the rights of the people can be fulfilled in cases in court and out of court. In carrying out Legal Aid must use the principle of justice. Justice is meant to place the rights and obligations of everyone in a proportional, proper, correct, good and orderly manner, the principle of equality in law is that everyone has the same rights and treatment before the law and the obligation to uphold the law. In Islamic courts, the idea of providing legal aid has been formed. The principles of justice and equality before the law or the fulfillment of people's rights are included in the concept of legal aid. The provisions of Islamic law are the most fundamental basis for the existence of Legal Aid in the Islamic legal process.
33
Polishchuk, M. "GENERAL LEGAL BASES OF PROVIDING AND RECEIPT OF FINANCIAL ASSISTANCE IN UKRAINE." Scientific Notes Series Law 1, no. 12 (October 2022): 185–89. http://dx.doi.org/10.36550/2522-9230-2022-12-185-189.
Повний текст джерелаАнотація:
Financial assistance is an important tool for providing economic support to both business entities and all other legal subjects, regardless of their economic and legal status. According to the Budget Code of Ukraine, the sources of formation of the special fund of the State Budget of Ukraine in terms of revenues and revenues of the special fund of local budgets include revenues from assistance programs and grants of the European Union, foreign governments, international organizations, donors, and expenditures - expenditures implementation of programs and activities within the framework of assistance programs and grants of the European Union, foreign governments, international organizations, donor institutions. The processes of providing financial assistance to economic entities by the state are regulated by the Budget Code of Ukraine and the Law of Ukraine «On State Assistance to Economic Entities». The subjects of relations in the field of providing and receiving financial assistance are the state, legal entities and individuals. The article considers the general financial, tax and civil principles of providing and receiving financial assistance. The provision and receipt of financial assistance as a subject of legal regulation in relation to the system of branches of Ukrainian legislation is intersectoral, comprehensive, as these social relations are governed not only by financial but also economic, tax and civil legislation. Studies of the legal regulation of the provision and receipt of financial assistance are promising both in terms of legal science and in terms of law enforcement practice given the growing needs for public and private financial support of the economy of state, its territories, legal entities and individuals in the conditions of military actions on the territory of Ukraine.
34
Pokrzywniak, Jakub. "Consumer protection under Polish private law." Pravovedenie 65, no. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
Повний текст джерелаАнотація:
This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
35
Farmer, Andrew M. "A New Network to Aid Enforcement of Environmental Laws in Central and Eastern Europe and Central Asia." European Energy and Environmental Law Review 8, Issue 1 (January 1, 1999): 15–17. http://dx.doi.org/10.54648/eelr1999003.
Повний текст джерелаАнотація:
A new international network (ECAINECE) of environmental law enforcement agencies was established in May 1998 covering countries of central and eastern Europe and Central Asia. It is different from existing European networks (e.g. IMPEL) in not focusing on a common set of legislation, but shares common goals of exchange of information and experience. Success of the network would significantly aid the development of environmental law and its enforcement in non EU accession transition states.
36
Федорец, Aleksandr Fedorets, Шведов, and R. Shvedov. "The Legal Regulation of First Aid to Injured at Work." Safety in Technosphere 5, no. 3 (June 25, 2016): 28–33. http://dx.doi.org/10.12737/21720.
Повний текст джерелаАнотація:
First aid to injure of accidents at work takes the significant place in the system of labor protection as an important element of preserving life and safety of workers who are injured or have experienced a sharp deterioration in health during working hours. Nevertheless, the legal component of first aid has not yet been worked out in detail. As shown in the article, the main problem is that first aid treatment to injure at work is not limited to labor legislation, but is also an important part of the legislation on the protection of public health, criminal law. The article offers a comprehensive, systematic look at the legal aspects of first aid treatment at work with a focus on the need for an explicit separate determination and enforcement of the legal process "empower" and "bind" in organization of the first aid treatment at the employer.
37
Koima Batubara, Kharisman. "Analisis Yuridis Pemberian Hibah Dibawah Tangan Dikaitkan Dengan Pendaftarannya Pada Kantor Pertanahan Terhadap Penetapan Pengadilan Agama Medan Kelas I-A Nomor: 125/Pdt.P/2017/PA.Mdn." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 19, no. 3 (August 23, 2020): 509–22. http://dx.doi.org/10.30743/jhk.v19i3.2917.
Повний текст джерелаАнотація:
Grant is one of the transitions of property rights that have been regulated in the Code of Civil Law. The definition of a grant as explained in the provisions of Article 1666 of the Civil Code is something of an agreement with which the donor in his lifetime, free of charge and irrevocably, hand over an object for the purpose of the recipient of the grant who received the surrender. Grant is also one of worship that aims to strengthen the sense of affection between the donor and the recipient of the grant.This type of research is library research by discussing books, both primary and secondary books that explain the concepts of civil law and Islamic law. Meanwhile, this research is comparative descriptive with normative approach. The research method used in this paper is normative-empirical legal research. The data used are secondary data and primary data derived from books, or legal literature, legislation, interviews and other materials that are included in the scope of the grant.Based on the results of the study, it can be obtained that the problem in this study is about the process of transitions the land rights cannot be carried out because the giving of the grant is done by means of a grant under the hand and the grantor has passed away before the transition process is done before a Notary.This is due to the lack of legal understanding of the procedure for land grants in accordance with the law and it has become their custom to comply with customary law which is allowed to do underhand grants without being done before a Notary and the grant is invalid if it is not done before a Notary except for those who are subject to customary law. Basically the grant is valid and consequently it applies to the parties if the receipt of the grant has received explicitly the gift (with a Notarial deed) this is regulated in article 1683, article 1682 of the Law Code. Based on the underhand grant of the donor who has died first before the transitions process of the rights in the legislation, a religious court decision is needed so that the transitions of land can be carried out. Keywords: Land, Underhand Grant, Notary
38
Reljanovic, Mario. "Implementation of anti-discrimination legislation in the sphere of labor." Temida 17, no. 2 (2014): 95–113. http://dx.doi.org/10.2298/tem1402095r.
Повний текст джерелаАнотація:
The establishment of an anti-discrimination normative framework concluded with the adoption of Anti-discrimination Law in 2009. In the intervening five years since its implementation there has been various difficulties, doubts and misinterpretations in case law. This is particularly evident in the field of labor engagement, where discrimination is traditionally very common, and consequently there is a necessity for efficient protection of employees. The aim of this research is to analyze and resolve problems perceived in practice, to point out misinterpretations and misapplications of anti- discriminatory norms in general, particularly in the field of labor, and to suggest solutions that would lead in following years to a harmonization of practices and therefore better protection of workers exposed to discrimination. The article highlights good practices and experiences of free legal aid providers as important elements in understanding the peculiarities of court procedures regarding discrimination in the sphere of labor.
39
Zejnullahu, Njomëza, and Bashkim Nuredini. "THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO." Access to Justice in Eastern Europe 7, no. 2 (April 1, 2024): 1–28. http://dx.doi.org/10.33327/ajee-18-7.2-a000213.
Повний текст джерелаАнотація:
Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.
40
Wibowo, Ari, and Michael Hagana Bangun. "Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 185–96. http://dx.doi.org/10.15294/ijicle.v3i2.46176.
Повний текст джерелаАнотація:
The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.
41
FERRI, Delia, and Juan Jorge PIERNAS LÓPEZ. "The Social Dimension of EU State Aid Law and Policy." Cambridge Yearbook of European Legal Studies 21 (May 21, 2019): 75–100. http://dx.doi.org/10.1017/cel.2019.2.
Повний текст джерелаАнотація:
AbstractTraditionally, EU state aid law has been attached to the goals of maintaining free competition and preventing the distortionary effects of Member States’ economic intervention, while social considerations have been considered immaterial to state aid control. However, in more recent years, EU state aid law has acquired a clearer ‘social dimension’, indirectly streamlining national subsidies towards social goals. The entry into force of the Treaty of Lisbon, and particularly of Articles 3(3) TEU and 9 TFEU, has had an impact on the way in which social goals have been taken into account in the application of the state aid provisions. In the last decade, the European Commission has sought out a more appropriate balance between the main objective of preserving competition in the internal market on the one hand, and social objectives, also enshrined nowadays in the Treaties, on the other. This ‘social dimension’ is still underdeveloped, but emerges to varying degrees when looking respectively at the definition of state aid under Article 107(1) TFEU, at the scope of the derogations under Articles 107(2) and 107(3) TFEU and at the secondary legislation adopted for their implementation.
42
Berchanskiy, K. A. "Legal Regulation of First Aid and Criminal Liability for Failure to Provide it." Actual Problems of Russian Law 17, no. 4 (March 18, 2022): 86–101. http://dx.doi.org/10.17803/1994-1471.2022.137.4.086-101.
Повний текст джерелаАнотація:
The paper examines some problems of criminal law qualification of first aid — providing help in lifethreatening and health-threatening conditions before the provision of medical care by the individuals whose duties include providing such care. The author notes a significant imbalance in the coverage of this problem in comparison with studies on the topic of iatrogenic crime. The purpose of the paper is to identify the main problems of qualification of non-providing first aid by an individual obligated to provide such aid, as well as ways to solve them. Having studied a few scientific papers on this topic, having conducted a comprehensive analysis of domestic legislation, its historical, logical and linguistic interpretation, the author identified three main problems. The first problem is connected with the inclusion of the individuals who may and are obliged to provide first aid in the subject composition of Article 124 of the Criminal Code of the Russian Federation by many scholars (in addition to doctors): analysis of the logic of the development of domestic criminal and other legislation indicates the depravity of such a point of view. The second problem is related to the terminological disparity in the Russian law: to designate the duties of individuals who may and are obliged to provide first aid, various terms are used (“provide”, “ensure”, “take measures”). All these terms contain different scope of such obligations, which directly affects the criminal law qualification. To demonstrate this fact, an analysis of judicial practice for the period from 2010 to the 2020s was carried out, which made it possible to identify a third problem: unjustified imputation by the courts of failure to provide first aid. As their solution, in addition to organizational measures aimed at improving the skills of first aid subjects, courts and investigative bodies, the author proposes amendments to Article 124 of the Criminal Code of the Russian Federation and the universalization of the norms of Russian law concerning first aid.
43
Rzotkiewicz, Marek. "Compatibility of the State Aid Recovery Order with the General Principles of EU Law." Polish Review of International and European Law 5, no. 1 (July 6, 2017): 73. http://dx.doi.org/10.21697/priel.2016.5.1.03.
Повний текст джерелаАнотація:
According to the Article 16.1 of Regulation 2015/1589 the Commission shall not require recovery of the aid if this would be contrary to a general principle of EU law. The potential existence of such a contradiction can be then of un utmost significance to a Member State and aid beneficiaries. However, notwithstanding its significance, the notion of a general principle of EU law has not been defined in the EU legislation, has been derived from the case law of the Court of Justice. The current paper strives to analyze different sorts of general principles of the EU law and their impact on the recovery obligation, especially as such an obligation differs between particular principles. Some of those principles have no significance at all on the existence of the recovery order, while others can, and sometimes even should, bar the Commission from ordering a Member State to recover an aid.
44
Ni Nyoman Gabriella Christiawan Putri, Anak Agung Sagung Laksmi Dewi, and I Nyoman Sutama. "Eksistensi Pos Bantuan Hukum (Posbakum) di Pengadilan Tata Usaha Negara Denpasar." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 104–8. http://dx.doi.org/10.22225/jph.2.1.3054.104-108.
Повний текст джерелаАнотація:
Due to the development of law, legal assistance activities especially for the people that were not able to lay in law as well as the more widely in the community, which is now already so developed in Indonesia. As for the laws that regulate clearly about legal aid is law number 16 of the year 2011. Therefore, the formulation of the problem of this thesis are: 1) how the post position of legal aid (Posbakum) in providing service in PTUN Denpasar, 2) is the function of granting legal aid service in Denpasar PTUN. Research methods used to answer the problems is the normative method, a method that uses a variety of legal research legal materials of primary and secondary legal materials such as legislation, legal theory, and can be either the opinions of scholars. Based on the above research, it is very helpful to every person to obtain legal aid in legal proceedings to obtain justice. In this study the authors raised the existence of legal aid Post title (Posbakum) in the courts of the country of Denpasar.
45
Bytheway, Siouxsie. "Nine years on from the Serious Crime Act 2015: Reflections on hopes, fears, progress and challenges around coercive control within a legislative framework, and on the importance of a feminist analysis of domestic abuse… in conversation with Polly Neate." Psychology of Women and Equalities Section Review 7, no. 1 (July 8, 2024): 37–44. http://dx.doi.org/10.53841/bpspowe.2024.7.1.40.
Повний текст джерелаАнотація:
Polly Neate is the CEO of Shelter, the housing and homelessness charity, and was previously the CEO of Women’s Aid from 2013 to 2017. Under her leadership Women’s Aid campaigned for, and helped bring legislation criminalising coercive and controlling behaviours in intimate and family relationships into law in England and Wales with The Serious Crime Act 2015. She has sat on several panels advising on domestic abuse in the UK, and is a regular commentator on women’s rights and social justice issues.
46
Devendra, Isuru. "Inherent Jurisdiction and Implied Power to Stay Proceedings in Aid of Arbitration: A Nice Question." Journal of International Arbitration 32, Issue 5 (October 1, 2015): 493–509. http://dx.doi.org/10.54648/joia2015023.
Повний текст джерелаАнотація:
In recent years Australia has seen an exponential growth in the use of arbitration. This has necessitated greater involvement by courts in facilitating arbitral proceedings. In this context, one of the issues most frequently encountered by the courts is whether to stay court proceedings in aid of arbitration. This article considers the basis of a court’s power to grant such an order. In doing so, the article explores both the statutory and the inherent jurisdiction of a court, including recent jurisprudence that highlights the uncertainty in the field. The article suggests interpreting domestic arbitration legislation in a manner that is consistent with Australia’s pro-arbitration policy and advocates reconsideration of early High Court authority as to the inherent powers of courts in this area.
47
Fauzan, Fauzan. "PENERAPAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT MISKIN MELALUI POSBAKUM DI PENGADILAN AGAMA KOTA BENGKULU." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 4, no. 2 (July 7, 2018): 125. http://dx.doi.org/10.29300/mzn.v4i2.1016.
Повний текст джерелаАнотація:
Abstract: The provision of legal aid to date is still not fully felt for the poor, especially the legal and justice aspects. The issuance of Law Number 16 Year 2011 on Legal Aid or so-called UUBH becomes an important breakthrough in constitutional development post-reformasi law. This paper focuses on the provision of legal aid by the Legal Aid Post (Posbakum) in the Religious Court of Bengkulu City. This research is a qualitative research with interview to get data. The results showed that the implementation of legal services through Posbakum in Religious Courts of Bengkulu City has been going well. Although in the implementation of legal services is still constrained by the human resources (HR) in Posbakum, but if dihat from the administrative process and the impact of legal aid services, the overall implementation of legal services through Posbakum in the Court of Religion has been running well according to achievements based on legislation
48
Тютюнникова and Olga Tyutyunnikova. "PROBLEMS OF REALIZATION OF SOCIAL FUNCTIONS BY PUBLIC AUTHORITIES IN THE RUSSIAN FEDERATION." Central Russian Journal of Social Sciences 10, no. 6 (November 27, 2015): 202–9. http://dx.doi.org/10.12737/16813.
Повний текст джерелаАнотація:
The article analyzes the mechanism of consolidation the principle of redistribution of social powers in the Russian legislation, problems and ways to solve some of them. The author pays attention to the fact that some of social powers are referred to the joint jurisdiction of the Federation and the subjects under the Federation Treaty; later legislation continued this trend. However, when transferring the powers at the legislative level, the difference in the social and economic situation of regions and municipalities was not taken into account; subjects were not provided with funding of powers. Tax reform 2005 made municipalities dependent on the regions financially, for which the criteria for the aid amount to municipalities wasn’t indicated. Transfer of the regional tax to local budgets does not eliminate the differentiation, as it is done by the same standards. To resolve problems at the local level some amendments to the 131th Federal Law were adopted in 2014: the powers of the Federation must be transferred to the municipality only with the finances for their implementation, the decision to transfer must be valid for the entire term of the regional parliament, the law on the transfer of it must come into force only from the beginning of the fiscal year.
49
Veshi, Denard, and Gerald Neitzke. "Living Wills in Italy: Ethical and Comparative Law Approaches." European Journal of Health Law 22, no. 1 (February 5, 2015): 38–60. http://dx.doi.org/10.1163/15718093-12341344.
Повний текст джерелаАнотація:
AbstractIn this article, advance directives will be analysed through ethical and comparative law approaches. Their importance, the two different types of advance directives and the so-called three steps hierarchy, will be discussed. Living wills will be treated in detail, considering the criticism they have attracted, as well as their known benefits. A thorough examination of the latest version of Arts. 3 and 4 of Italian Bill No. 2350, as approved by the Italian Senate in March 2009 and then amended by the Chamber of Deputies in July 2011, is included. This bill grants advance directives advisory force, limits their application in time and does not allow the validity of oral declarations. This political decision limits autonomy. Furthermore, there are doubts about the constitutionality of this bill, especially with respect to Arts. 2, 13 and 32 of the Italian Constitution, related to the right of self-determination. Further, this article will include a comparative approach of the legal aspects, with particular attention to the French and German models. To conclude, some ethical principles that the Italian legislator must take into consideration are indicated. In addition, some possible modifications of this Bill are suggested based on the experience of other European legislation.
50
Piotrowski, Tomasz. "Dopuszczalność „złotej akcji” w polskim systemie prawa spółek." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 21 (October 4, 2017): 167–76. http://dx.doi.org/10.19195/1733-5779.21.12.
Повний текст джерелаАнотація:
The admissibility of the “golden share” in Polish stock companyThe present article is devoted to admissibility of the “golden share” in Polish stock company. The current legislation does not explicitly allow or prohibit the existence of this statutory instrument. The article considered the possibility of granting such special privileges both as a shareholding privilege and as a personal right granted to a shareholder. The admissibility of these concepts has been assessed on the basis of the rules and common rules of company law, as well as the concepts incompatible with them has been criticised. In addition, the issue of statutory “gold shares” of the State Treasury, which grants the relevant minister a right to object to the specific decisions of the company, is outlined. Regulations and concepts under the current and previous law has been compared, as well as the above solutions were compared with the general rules and principles of company law.