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1
Sanger, Andrew. "I. IMMUNITY OF STATE OFFICIALS FROM THE CRIMINAL JURISDICTION OF A FOREIGN STATE." International and Comparative Law Quarterly 62, no. 1 (January 2013): 193–224. http://dx.doi.org/10.1017/s002058931200053x.
Повний текст джерелаАнотація:
AbstractIn Khurts Bat, the English High Court held that Mr Bat, a Mongolian State official charged with committing municipal crimes on German territory, was not immune from the jurisdiction of German courts and could therefore be extradited to Germany. This article examines the three theories of immunity put forward in that case: (1) special missions immunity, (2) high-ranking official immunity, and (3) State immunity. It focuses on the question of whether State officials charged with municipal crimes may plead immunity ratione materiae from the criminal jurisdiction of a foreign State by examining key examples of State practice.
2
Keitner, Chimène I. "Case of Jones and Others v. the United Kingdom (Eur. Ct. H.R.)." International Legal Materials 53, no. 3 (June 2014): 538–79. http://dx.doi.org/10.5305/intelegamate.53.3.0538.
Повний текст джерелаАнотація:
In recent years, national and international courts have grappled with the questions of foreign state immunity and foreign official immunity from domestic jurisdiction over claims arising from human rights abuses committed under color of foreign law. Foreign state immunity involves the immunity ratione personae of the state as a juridical person, as well as that of the state’s agencies, instrumentalities, and political subdivisions. Foreign official immunity involves the immunity ratione personae of incumbent heads of state and diplomats, as well as the immunity ratione materiae of other current and former officials for acts performed in the scope of their official duties.
3
Kuznetsov, Vladimir. "Official Discipline of the State Inspector." Journal of Russian Law 25, no. 10 (July 11, 2022): 1. http://dx.doi.org/10.12737/jrl.2021.126.
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4
Dodge, William S. "Foreign Official Immunity in the International Law Commission: The Meanings of “Official Capacity”." AJIL Unbound 109 (2015): 156–60. http://dx.doi.org/10.1017/s2398772300001355.
Повний текст джерелаАнотація:
Of all the issues facing the International Law Commission (ILC) in its work on the topic of “Immunity of State Officials from Foreign Criminal Jurisdiction,” how to define “act performed in an official capacity” is certainly one of the most difficult and important. If serious international crimes, like torture, are considered acts performed in an official capacity, then foreign officials responsible for such crimes may (unless an exception applies) be immune from criminal jurisdiction in other states for such acts even after they leave office.
5
Wood, Tim. "State Responsibility for the Acts of Corrupt Officials: Applying the Reasonable Foreign Investor Standard." Journal of International Arbitration 35, Issue 1 (February 1, 2018): 103–17. http://dx.doi.org/10.54648/joia2018004.
Повний текст джерелаАнотація:
Under the ‘reasonable foreign investor’ standard – which flows from the general law of state responsibility – the conduct of corrupt officials is attributed to their state insofar as those officials reasonably appear to act within the scope of their authority. Whereas the standard has been conceived of as a liberal one, which will normally result in state responsibility for the conduct of corrupt officials (especially of high rank), this note argues for a more stringent approach. In general, and by virtue of states’ international anti-corruption obligations, it is suggested that a foreign investor cannot reasonably assume an official (no matter how high-ranking) to be authorized to engage in and act upon corruption. Consequently, the conduct of a corrupt official should seldom, if ever, be attributable to the state.
6
Nurjannah, Siti. "MEWUJUDKAN VISI MA TENTANG BADAN PERADILAN YANG AGUNG MELALUI UNDANG-UNDANG JABATAN HAKIM." Jurnal Hukum dan Peradilan 4, no. 1 (March 31, 2015): 65. http://dx.doi.org/10.25216/jhp.4.1.2015.65-82.
Повний текст джерелаАнотація:
Judges official status has been affirmed as a state official, but in fact on some aspect on it is still bound by the Civil Service system. Therefore judge positions are often said to be dual status as state officials and civil servants. Nullifying the dual status is, in fact has caused serious problems in terms of both managerial and related to the potential reduction of judicial independence. If the independence start to reduce, the implications of the problems of the post of Judge is hampering efforts to realize the vision of the Supreme Court which is to realize the Supreme Courts.Keywords : Supreme Court Vision, Acts, and Official state of Judges
7
Warbrick, Colin, Dominic McGoldrick, and Colin Warbrick. "II. Unrecognised States and Liability for Income Tax." International and Comparative Law Quarterly 45, no. 4 (October 1996): 954–60. http://dx.doi.org/10.1017/s0020589300059807.
Повний текст джерелаАнотація:
The object of this short note is to draw attention to a decision of the Special Commissioners of Inland Revenue (the Commissioners) which deals with the liability for income tax of officials of an unrecognised State.1 Section 321 of the Income and Corporation Taxes Act 1988 (the Taxes Act) provides exemption from liability for income tax for foreign consuls in the United Kingdom and for “an official agent in the United Kingdom for any foreign state, not being … a Commonwealth citizen”. An “official agent” is a person, other than a consul, “who is employed on the staff of any consulate, official department or agency of a foreign state”.
8
Sari, Elidar. "Lelang Jabatan dalam Sistem Hukum di Indonesia." REUSAM: Jurnal Ilmu Hukum 3, no. 1 (May 15, 2015): 38. http://dx.doi.org/10.29103/reusam.v3i1.1950.
Повний текст джерелаАнотація:
The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.
9
Gandhi, Ajay. "The sanctioning state." Focaal 2017, no. 77 (March 1, 2017): 8–21. http://dx.doi.org/10.3167/fcl.2017.770102.
Повний текст джерелаАнотація:
This article examines the Indian state’s engagement with deportable foreign migrants. It draws on an ethnography of officials’ responses in Mumbai to noncitizens from Bangladesh and countries in Africa. The conceptual focus is on the “sanctioning state”: official powers that alternately permit or prohibit migrants’ presence. At one level, the Indian state sanctions, or prohibits, unauthorized migration. Simultaneously, via authorities’ discretionary power, the state can sanction, or permit, foreigners’ presence. To address why state actors simultaneously sanction migrants’ enduring presence, and also sanction their intermittent removal, this article delves into the Indian state’s historical evolution and everyday functioning. The domains of bureaucratic practice, discretionary authority, and differentiated citizenship are framed by antecedent logics. This historical survey undergirds an ethnographic study of the state in migrant-saturated neighborhoods in Mumbai. Based on interviews and observations with officials and migrants, this article elucidates the rationales, capacities, and strategies that comprise the “sanctioning state.”
10
Burns, John P. "“Downsizing” the Chinese State: Government Retrenchment in the 1990s." China Quarterly 175 (September 2003): 775–802. http://dx.doi.org/10.1017/s0305741003000444.
Повний текст джерелаАнотація:
The Chinese Communist Party has maintained tight control over the institutions and processes for creating and deleting official posts. The Party's goal of maintaining as many official positions as possible to preserve political patronage and social stability conflicts with the need to curb administrative expenses and cut government deficits. Aggregate data indicate that the downsizing campaigns of the 1990s have not been particularly successful and that staffing levels in local government are probably to a large extent politically determined. A case study reveals that some local governments may have officially downsized while expanding the total size of public employment.
11
Koesel, Karrie J., Yizhi Hu, and Joshua Pine. "Official Protestantism in China." Review of Religion and Chinese Society 6, no. 1 (April 1, 2019): 71–98. http://dx.doi.org/10.1163/22143955-00601005.
Повний текст джерелаАнотація:
What do we know about Protestant Christianity in contemporary China? How is it organized; where, why, and how is it growing; and how do we understand its evolving relationship with the party-state? The purpose of this article is to evaluate the state of official Protestantism in China and take stock of what we have learned. We do so in three ways. One is to identify the origins of state-sanctioned Protestantism; another is to evaluate conflicting claims about church size, growth, and demographics; and the third is to suggest directions for future study.
12
Orlova, Alexandra V., and Veselin Boichev. "“Corruption Is Us”: Tackling Corruption by Examining the Interplay Between Formal Rules and Informal Norms Within the Russian Construction Industry." Journal of Developing Societies 33, no. 4 (November 8, 2017): 401–27. http://dx.doi.org/10.1177/0169796x17735238.
Повний текст джерелаАнотація:
This article deals with the problem of tackling corruption within the Russian construction industry. It examines the interplay between formal anti-corruption rules and extensive informal norms that have become institutionalized within the Russian construction sector as well as the broader Russian society, especially when it comes to interaction with state officials. The article concludes that commitment and cooperation of a multitude of actors, leading to reduced reliance on informal rules and norms and an anti-corruption ethos that permeates all levels of interactions (i.e., citizen/state, business/state, business/business, citizen/citizen, and state official/state official) are key when it comes to corruption reduction.
13
Bauko, Ján. "Official and non-official proper names in a bilingual onymic landscape." Journal of Linguistics/Jazykovedný casopis 72, no. 1 (June 1, 2021): 124–41. http://dx.doi.org/10.2478/jazcas-2021-0018.
Повний текст джерелаАнотація:
Abstract The paper deals with the visual representation of official and non-official proper names in a bilingual onymic landscape. The onymic landscape consists of official and non-official proper names located on nameplates, inscriptions in public spaces, various areas and extralingual signs that point to their names. Research into the visual representation of proper names is a relatively new area of socioonomastics. The onymic landscape changes dynamically depending on the time, region and socio-cultural dimension; the state, local governments, business and civil spheres participate in its creation. The state regulates the use of official proper names through language policy and also influences their visualization. In addition to official forms, non-official forms of proper names appear in the onymic landscape. In a bilingual onymic landscape, proper names are visualized not only in the state language but also in the language of the minority, resp. another foreign language. The author examines the bilingual anthroponymic, toponymic and chrematonymic landscape of Slovak-Hungarian bilingual municipalities in Southern Slovakia.
14
Solodovnik, Svetlana. "Russia: The Official Church Chooses the State." Russian Politics & Law 52, no. 3 (May 2014): 38–66. http://dx.doi.org/10.2753/rup1061-1940520302.
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15
Jarris, Paul E. "Parting Thoughts of a State Health Official." Journal of Public Health Management and Practice 22, no. 2 (2016): 105–7. http://dx.doi.org/10.1097/phh.0000000000000400.
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16
Solodovnik, Svetlana. "Russia: The Official Church Chooses the State." Russian Social Science Review 55, no. 6 (November 2014): 55–83. http://dx.doi.org/10.1080/10611428.2014.11065567.
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17
Arsić, Katarina. "Criminal immunity of state officials in international law." Bezbednost, Beograd 64, no. 2 (2022): 145–59. http://dx.doi.org/10.5937/bezbednost2202145a.
Повний текст джерелаАнотація:
The paper analyzes the practice of the states and international courts regarding the recognition, non - recognition or withdrawal of immunity in cases which are in accordance with international criminal law and against state officials, including highlevel officials. This paper offers an analysis of the historical role of World War II in recognizing individual criminal responsibilities in international law, enabling the criminal process and prosecuting officers for violating jus cogens norms. In this sense, we should distinguish the immunity ratione personae (personal immunity) from the immunity ratione materiae (functional immunity). High state officials such as the Head of State, the Prime Minister and the Minister of Foreign Affairs have the immunity ratione personae. On the other hand, the immunity ratione materiae is enjoyed by other officials. While personal immunity derives from the function performed by high-rank officials and should ensure unhindered performance of their duties, functional immunity is the immunity of the state and should primarily protect the state, not the official, because the official acts only on behalf of the state. Based on this, the paper points out that the practice of domestic courts, the International Court of Justice and the International Criminal Court in recognizing or withdrawing immunity of state officials is inconsistent. The paper analyzes the Seventh Report on Immunity of State Officials from foreign criminal jurisdiction by the Commission on International Law and indicates the areas in which the articles of a potential document on the criminal immunity of state officials in international law should be elaborated. In addition to contradictory judgments of the International Court of Justice and the International Criminal Court, the impossibility of defining uniform rules arises because the states have different understanding and believe that the dignity of the state will be endangered if their high officials are prosecuted by courts of other states. The paper concludes that further monitoring of the work of relevant international and domestic courts is needed in order to uniform rules and produce a draft document on criminal immunity of state representatives in international law based on uniform practice.
18
ИГНАТЬЕВА, Светлана Викторовна, Наталья Юрьевна ВАШКОВИЧ, and Фарит Хатипович ГАЛИЕВ. "THE NATIONAL IDEA OF GOODNESS AND GENERAL UNION AS A POSSIBLE OPTION OF THE STATE IDEOLOGY IN THE RUSSIAN FEDERATION." Rule-of-law state: theory and practice 18, no. 3(69) (October 20, 2022): 124–31. http://dx.doi.org/10.33184/pravgos-2022.3.17.
Повний текст джерелаАнотація:
In modern conditions, the theoretical aspects of bringing officials to legal responsibility are especially updated. The article is devoted to the study of those features of bringing officials to legal responsibility, which are not associated with the imposition of criminal or administrative measures, but are mediated by the official’s legal position. Purpose: to analyze the conditions for obtaining a position imposed on officials of state bodies, comparative characteristics of such legal categories as «prohibitions», «restrictions» and «duties», the wording of their definitions. Methods: the authors use such methods as dialectical logic, descriptions, system and structural analysis, comparisons and generalizations. Results: classifying the immoral acts that give rise to disciplinary measures against an official, determining a range of acts incompatible with the position, the commission of which may be sanctioned by its loss.
19
Mulyani, Tri, Gunarto Gunarto, and Widayati Widayati. "Legal Reconstruction of State Administrative Court Decisions Execution Based on the Value of Pancasila Justice." Scholars International Journal of Law, Crime and Justice 5, no. 9 (September 9, 2022): 346–54. http://dx.doi.org/10.36348/sijlcj.2022.v05i09.002.
Повний текст джерелаАнотація:
This article discusses the factors that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently; and how to reconstruct the execution regulations of the PTUN decisions based on the values of Pancasila justice In a study using the constructivism paradigm and the method of the socio-legal research approach. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials related to the analysis of qualitative descriptive data. The results of the discussion show that the weaknesses that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently include 4 things, namely: (1) low compliance and legal awareness of the State Administration Agency or Official; (2) low legal compliance and awareness of the community; (3) the existence of the interests of state administration officials; and (4) there is an error in vision in the use of the authority of his position. Then, the Reconstruction of this regulation is as follows: paragraph (3) regarding the grace period for submitting an application for execution; Paragraph (4) regarding forced efforts, administrative sanctions are emphasized in the form of disciplinary action on dismissal from office; the addition of paragraph (5), regarding the synergy of the implementation of the decision; the addition of paragraph (6) regarding the contempt of court for officials and related parties who do not comply with the decision; paragraph (7) changes regarding hierarchical execution, to execution carried out by an executing agency; paragraph (7) is old, deleted because it is no longer using forced money, and administrative sanctions have been regulated in paragraph (4).
20
Kharisma, Bintang Ulya. "OWNERSHIP RIGHTS TRANSFER OF OFFICIAL RESIDENCE LAND." Legal Standing : Jurnal Ilmu Hukum 4, no. 1 (April 25, 2020): 19. http://dx.doi.org/10.24269/ls.v4i1.2591.
Повний текст джерелаАнотація:
In a legal state, land has a very important role in human life. It can determine the existence and the sustainability of legal actions. In its development, the government or private sector companies provide Official Residences to their employees, or what may be called a state house. Based on the law, the Official Residence is a building owned by the state, and functions as a residence or a dwelling. It serves as a developmental facility for families and supports the job implementation of officials and/or government employees. The humans’ need for land as a place of dwelling may cause conflicts regarding the provision of the Official Residence. The method used in this research is the juridical-normative method. It uses secondary data. The ownership rights transfer of the Official Residence to private sectors may happen without violation of the constitution, as it is regulated in the Presidential Decree No. 11 of 2008 which states that the tenant may own the Official Residence with some conditions. For example, the house must be an Official Residence Group III. The rightful tenant must file a request to its related Department. Then, the tenant and the related department create a Lease Agreement. After the tenant settles the debt, he/she may own the house.
21
Kharchuk, Liliia V. "LEXICAL AND SEMANTIC NORMS IN FORMATION OF STATE OFFICIAL LANGUAGE COMPETENCY." Alfred Nobel University Journal of Philology 2, no. 22 (2021): 228–38. http://dx.doi.org/10.32342/2523-4463-2021-2-22-22.
Повний текст джерелаАнотація:
The new stage of Ukrainian literary language development began in the late 20th century, because state-making processes had legitimated the status of the Ukrainian language due to the law, following the main goal – to facilitate self-expression of the national genotype, raising prestige and full-fledged functioning of the state language in independent Ukraine. Since the reality is formed on the basis of personal activity, one of the leading tasks is upbringing the need of every speaker to use the state language fluently as the means for communication, as the means of forming intellectual culture, national self-awareness, which thus has direct impact on mentality and moral qualities of a person. The situation concerning the languages in the communicative environment of Ukraine obliges all speakers to accept the issues of the language and the speaking in a systematic and complex way. Command of a normative native language is the assignment for every aware citizen, who is obliged to know how to use the entire lexical heritage. A language is a weighty part of professional competency, a sensitive indicator of general culture, that is why every speaker should care about the high culture of their language. Perfect usage of a language becomes an important component of training experts in any field, particularly in the field of state governing, since the use of a language promotes their self-expression. Official activity definitely requires not only professionalism, but also thorough language competency. Our research is actual because we constantly need to work on the problems of language culture in the field of state governing, since, as a social phenomenon, the Ukrainian language reflects precise historical peculiarities, typical to a certain social and historical period: the development of new word constructions, the emergence of new words, a number of borrowings from other languages, etc. The purpose of our investigation is to find out and analyze the violations of lexical and semantic norms in official and business communication of state officials, to justify the ways and means to correct the violations of the lexical and semantic norm. Reaching the set purpose meant carrying out the following tasks: to analyze the official and business language of state officials; to single out the most spread lexical and semantic mistakes and downsides in speaking, to give recommendations on eliminating mistakes in order to improve the speaking culture of state officials in the field of their professional activity. In the investigation, there is applied a wide range of contemporary methods and approaches of research: language facts are considered from the position of the functional approach; by means of the methods of the generalization and classification analysis the types of mistakes met in the language of state officials were singled out; the comparing and contrasting analysis has allowed to find out the facts of interfering influence of the Russian language on Ukrainian, to single out the types of the interference consequences at the lexical and semantic level. In the proposed research, there is the analysis of the official and business language of state officials, different consequences of interferencial interaction of closely native languages (Ukrainian and Russian) are realised and typified by comparing the language of state officials to the current norms of the modern Ukrainian literary language. The most spread lexical mistakes and downsides are found to refer to: not motivated usage of words which results in “surgick”; usage of so-called words-parasites with no need; usage of the words which are inappropriate from the point of view of the literary norm and the etiquette rules; abuse of the words derived from foreign languages, especially from English; irrelevant tautology in oral speech, redundancy of words ( pleonasm ); confusing paronyms. Due to the analyzed language material there are linguistic explanations and recommendations on the ways and means of preventing, correcting and eliminating realised mistakes in the language of state officials. It is proved that state governors are obliged to obey communicative features of language culture, namely: its correctness, accuracy, logic, purity, pithiness and relevance. R
22
Kolodnyi, Anatolii M. "State and Problems of Religious Life in Ukraine." Ukrainian Religious Studies, no. 48 (September 30, 2008): 5–11. http://dx.doi.org/10.32420/2008.48.1972.
Повний текст джерелаАнотація:
The only indicators of religious life that are currently fixed by state authorities are existing religious organizations. The official statistics of the religious network, submitted by the State Committee on Nationalities and Religions in early 2008, recorded the presence of 33841 religious organizations in Ukraine in more than one hundred different religious movements, churches and communities (778 more than at the beginning of 2007). This figure includes 32,493 religious communities, 421 monasteries (6,598 inhabitants), 192 religious schools with 18,375 students, 333 missions, and 74 fraternities. The confessions print 383 newspapers and magazines. Considering that the law does not define the obligation to register religious organizations and some of them use it without deliberately going for registration, and that some are officially due to some motives of non-fixed religious movements, and therefore their organizations, then official statistics of the public authority are clearly incomplete. However, even the existing evidence of a kind of religious renaissance in the country. For comparison, in the communist years in Ukraine there were officially recognized only 9 religious movements, which had about 4,5 thousand religious organizations. There were 14 monasteries, one Orthodox seminary in Odessa, and the Orthodox Herald magazine.
23
Kadirova, Nargiza Rashitovna. "ANALYSIS OF IMMUNITY BASED ON THE VIENNA CONVENTION ON CONSULAR RELATIONS: WITHIN THE CONTEXT OF THE NATIONAL INTERESTS OF THE REPUBLIC OF UZBEKISTAN." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 441–55. http://dx.doi.org/10.5604/01.3001.0013.0027.
Повний текст джерелаАнотація:
This article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime.
24
Lin, Zoe Shan. "NAVIGATING NETWORKS: PERSONAL CORRESPONDENCE AND LOCAL GOVERNANCE IN SOUTHERN SONG CHINA, 1127–1279." Journal of Chinese History 3, no. 1 (August 13, 2018): 59–82. http://dx.doi.org/10.1017/jch.2018.11.
Повний текст джерелаАнотація:
AbstractForging and using personal networks were and still are common in the Chinese government. Scholars often connect officials’ networking to corruption and factionalism. This article, however, offers a different perspective, through an examination of how Southern Song local officials used personal connections to facilitate their official businesses. I argue that local officials operated networks as an informal means of dealing with governmental affairs outside the normative administrative system. This informal means enabled more efficient political communication that bypassed regular procedures. It also provided local officials with more effective negotiations, especially when defending the interest of their jurisdictions against other agents of the state. Furthermore, the article demonstrates that using connections for governmental affairs, in turn, consolidated and expanded officials’ networks. Altogether, the article depicts a political world in which the interest of “the public” intertwined with that of the “the private,” and the official and non-official means of governing were fused.
25
Tchakarova, Kalina. "2021/27 Termination protection applicable to state officials upon termination of their official relationship (BG)." European Employment Law Cases 6, no. 3 (November 2021): 148–50. http://dx.doi.org/10.5553/eelc/187791072021006003004.
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26
Yap, Ariel Yin Yee, and Shih Joo Tan. "Capital Punishment in Singapore: A Critical Analysis of State Justifications From 2004 to 2018." International Journal for Crime, Justice and Social Democracy 9, no. 2 (May 18, 2020): 133–51. http://dx.doi.org/10.5204/ijcjsd.v9i2.1056.
Повний текст джерелаАнотація:
This article examines state justifications for capital punishment in Singapore. Singapore is a unique case study because capital punishment has largely been legitimised and justified by state officials. It illustrates how Singapore justifies capital punishment by analysing official discourse. Discussion will focus on the government’s narrative on capital punishment, which has been primarily directed against drug trafficking. Discussion will focus on Singapore’s death penalty regime and associated official discourse that seeks to justify state power to exercise such penalties, rather than the ethics and proportionality of capital punishment towards drug-related crimes. Critical analysis from a criminological perspective adds to the growing body of literature that seeks to conceptualise social and political phenomena in South-East Asia.
27
Robinson, Darryl. "The Impact of the Human Rights Accountability Movement on the International Law of Immunities." Canadian Yearbook of international Law/Annuaire canadien de droit international 40 (2003): 151–93. http://dx.doi.org/10.1017/s006900580000802x.
Повний текст джерелаАнотація:
SummaryIn the last decade, the human rights accountability movement has made remarkable inroads into the classical law of immunities. The developments strike a new equilibrium between the need to promote accountability and the need to protect international discourse. These developments form a coherent picture if one looks to the underlying rationales of these areas of law. Immunities ratione materiae, enjoyed by current and former officials, protect official functions on behalf of a state. The landmark Pinochet decision affirmed that official functions could not include the commission of international crimes condemned by international law. Conversely, immunity ratione personae flows from a different rationale. This form of immunity protects only certain high officials representing their state and only during office and facilitates official visits by precluding arrest on any grounds. The International Court of Justice Yerodia decision and other developments confirm that this immunity remains absolute, irrespective of the conduct alleged. However, even this absolute immunity may be relinquished through Security Council enforcement action or acceptance of the jurisdiction of the International Criminal Court.
28
Bockenhauer, Mark H. "Culture of the Wisconsin Official State Highway Map." Cartographic Perspectives, no. 18 (June 1, 1994): 3–16. http://dx.doi.org/10.14714/cp18.929.
Повний текст джерелаАнотація:
Wood and Fels (1986) strikingly reveal that even a cartographic product as "taken for granted" as a road map is as much a tool of the maker as of the user. Indeed, a highway map comprises a sophisticated package of messages. In this paper, a series of State of Wisconsin official highway maps is examined to illustrate that each is a product of the culture in which it is produced. Map messages reflecting state institutional cultures are communicated through the principal state map image as well as through other map elements. Examples are selected from the 1920s to the present to highlight a changing transportation and mapmaking culture, appropriation of the official state highway map as a tool of tourism and gubernatorial promotion, and the presence of certain persistent and disturbing depictions of women and minorities. Wisconsin's official highway map is found to include both deliberate and unintentional reflections of the changing (and in some aspects, unchanging) state of the state.
29
Kotz, David M. "The State of Official Marxism in China Today." Monthly Review 59, no. 4 (September 6, 2007): 58. http://dx.doi.org/10.14452/mr-059-04-2007-08_6.
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30
Yi Shang. "University Autonomy and the State: The Official Story." Asia Policy 11, no. 1 (2011): 165–68. http://dx.doi.org/10.1353/asp.2011.0009.
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31
Law, John E. "The Venetian Mainland State in the Fifteenth Century." Transactions of the Royal Historical Society 2 (December 1992): 153–74. http://dx.doi.org/10.2307/3679103.
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On 15 April 1483, the young Venetian noble Marino Sanudo set out on a tour of the stato di terra, the Republic's mainland state, with his cousin Marco and two other Venetian patricians. Marco and his colleagues were travelling in an official capacity as auditori nuovi and syndics of the Venetian government, dispatched to hear appeals from the Republic's subjects, and to investigate the conduct of resident officials. Marino had no such responsibilities, but he left an account of his experiences in the work known as the Itinerario con i Sindaci di Terrferma.
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Borkov, Victor Nikolaevich. "APPLICATION OF THE CRIMINAL LAW IN CONTRACTING SYSTEM AND STATE DEFENSE ORDER VIOLATIONS." Law Enforcement Review 2, no. 2 (October 2, 2018): 56–63. http://dx.doi.org/10.24147/2542-1514.2018.2(2).56-63.
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The subject. The article is devoted to analysis of court practice concerning crimes in public procurement.The purpose of the paper is to solve the problem of delimitation of theft committed by the perpetrator with the use of his official position, from abuse of official powers and official forgery is topical.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method allowed to consider misdemeanors and a set of rules providing for responsibility for their commission, in conjunction with public relations, which need criminal law protection. The functional approach made it possible to address the issues of qualification for official crimes against the contract system and the state de-fense order, taking into account the forms and methods of activity of the subjects of con-tractual relations.Results and scope of application. An important role in improving the effectiveness of public procurement is played by officials who, in dealing with suppliers of goods and executors, are called upon to defend public interests. The public danger of crimes committed by offi-cials in this sphere is manifested in the destruction of the material basis of the functioning of the state, undermining its defensive capacity and reducing the level of security. Judicial practice testifies to the lack of uniform approaches to the qualification of crimes committed in the sphere of execution of the state and municipal contract.The article proposes criteria for delimiting the encroachments of officials on the expendi-ture of budgetary relations, taking into account the addition of the criminal law to norms that provide for responsibility for abuse in the performance of the state defense order (art. 201.1 and 285.4 of the Criminal Code of the Russian Federation). In the qualification of crimes committed in the sphere of contractual relations, and the application of art. 201.1 and 285.4 of the Criminal Code of the Russian Federation are proposed to be guided by the recommendations of the Supreme Court of the Russian Federation on the delimitation of abuse of official powers from embezzlement.Conclusions. It is necessary to proceed from the existence of two lines of activity of the customer. The first is the acceptance of the delivered goods, the work performed, the ser-vices rendered. The second is payment for goods, work and services.
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Graham, Aaron. "Select Document: the Case of Robert Ayleway esqr, late Comptroller of the Artillery in Ireland, 1692." Irish Historical Studies 39, no. 155 (May 2015): 479–514. http://dx.doi.org/10.1017/ihs.2014.7.
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Abstract This article examines a petition drawn up by Robert Ayleway, an official within the Irish fiscal-military state in 1692, in connection with charges of corruption and incompetence during the Williamite Wars (1689–91). Ayleway’s petition, and his wider career, demonstrate that he was part of a process of English and Irish state formation that had begun well before 1688, driven by informal patronage networks as much as by formal bureaucratic developments, creating an entrenched interest group of officials that nevertheless came into conflict after 1689 with new officers, many of them foreign, who came to Ireland in William III’s train. Both sides suspected the loyalty of the other, but the petition reveals that Ayleway saw himself, with some justice, as a competent and loyal official who had used his private means to serve the public in a way that had also advanced his own private interests, suggesting something of the ethos of officials within the new Irish (and English) fiscal-military state.
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Maurizka, Intan Ghina, and Maurizka Ananda Rahmadhani. "KEPEMILIKAN RUMAH DINAS OLEH PURNAWIRAWAN TNI BERDASARKAN PERUNDANG-UNDANGAN." Law Review 19, no. 1 (July 31, 2019): 98. http://dx.doi.org/10.19166/lr.v19i1.1469.
Повний текст джерелаАнотація:
<pre><em><span lang="EN">Land is a symbol of prosperity for an agrarian country. Having land rights that have been regulated by law, for example is absentee land which is ownership of a number of land outside of the place where he is domiciled. Civil servants or military officials are given specificity to occupy official houses provided by the state to ensure the effectiveness of time in carrying out their work. Specificity for military officials (TNI) to own land because military officials often have difficulty in determining the domicile caused by their official duties. And there are exceptions to land ownership for retired military officials.</span></em></pre><pre> </pre>
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Afa’anwi, Ma’abo Che. "Comparing the Effects of Chinese and Traditional Official Finance on State Repression in Africa." Asian Journal of Peacebuilding 9, no. 2 (November 30, 2021): 233–54. http://dx.doi.org/10.18588/202108.00a146.
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Rodina, Tatyana Yu. "THE OBSERVANCE OF OFFICIAL SECRECY IS A CONSTITUTIONAL DUTY OF EVERY OFFICIAL OF THE STATE." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1 (2021): 146–53. http://dx.doi.org/10.26653/2076-4650-2021-1-13.
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This article analyzes the provisions of the Russian legislation regulating the restrictions of the constitutional right to information. It is shown that access to information is not personal, but of a state-civil nature, and therefore, while respecting the freedom of everyone to meet their information needs, it is necessary to observe the equality of subjects, ensuring an objective right to access information. This is impossible without the legislative consolidation of the duty of every state official to observe official secrets. In this connection, the author's definition of this legal institution is proposed, and the information regulated by this legal regime is indicated. Two new types of official secrets are also proposed: official civil secrets and official municipal secrets, which define the norms in which it is advisable to include these concepts. In this regard, it is necessary to make changes in the conceptual apparatus of federal laws regulating civil and municipal services.
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Monteiro, Rosa, and Virgínia Ferreira. "Women's movements and the State in Portugal: a State feminism approach." Sociedade e Estado 31, no. 2 (August 2016): 459–86. http://dx.doi.org/10.1590/s0102-69922016000200008.
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Abstract This paper aims to contribute towards a better understanding of the dynamics of women's movements and their relations with institutions, political parties and the official mechanisms used to promote gender equality. It is the outcome of the first study on State feminism in Portugal. Our research was carried out using a case study which focused on the main gender equality official mechanism and its networks, which required a qualitative approach. We concluded that currently, while the Portuguese State is confronted with its persistent inability to implement gender equality policies, the present situation of Portuguese women's movements is that of redefining and adjusting to the major challenge of reinvention and resignification within a very difficult external environment.
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Guskov, Sergei Nikolaevich. "LITERATURE AND STATE POWER IN THE 19TH CENTURY RUSSIA Review of new publications." Russkaya literatura 4 (2021): 240–47. http://dx.doi.org/10.31860/0131-6095-2021-4-240-247.
Повний текст джерелаАнотація:
This review deals primarily with the recent studies devoted to the lives and art of the Russian writers-cum-officials of the 19th century, who were active both in the field of statehood and literature. The author was interested in both the works on individual authors and the publication of official materials in collected works, as well as in the review works on the topic.
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Jennekens, Bob. "Quo Vadis? Export Credit Regulation After Corona: State Aid, WTO Export Subsidies Laws and the Arrangement." European Review of Private Law 30, Issue 3 (September 1, 2022): 443–56. http://dx.doi.org/10.54648/erpl2022022.
Повний текст джерелаАнотація:
Officially supported export credits matter greatly for private contracts: they provide the possibility of large export transactions and contracts which would otherwise not take place. It is therefore important to know how these instruments are regulated on an international level. The international regulation for public European export finance has three levels: rules set by the WTO to curb export subsidies, the Arrangement on Officially Supported Export Credits (which is a gentlemen’s agreement) and the EU state aid framework. Whilst the WTO framework has an official carve-out for the Arrangement, the EU state aid regime does not. Post-Covid, this article looks at the way to proceed with regulating official export credits, and how the different levels of regulation should be applied (and when), concluding that the Arrangement should be the core text of international regulation on export credits.
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Malanii, Zinovii Mykhailovych. "Between the imperial identity and national vocation: a generalized image of the Habsburg state official in Galicia (1848−1919)." Dnipropetrovsk University Bulletin. History & Archaeology series 25, no. 1 (July 31, 2017): 57. http://dx.doi.org/10.15421/261706.
Повний текст джерелаАнотація:
The article deals with the problem of the social status of the Habsburg state officials in Galicia in the time of 1848−1918. The author analyzes the main key-points of the imperial-class officials functions in the public space of the province. Further, the collaboration between the central authority and local political community is described in the context of absolutist reforms since the end of XVIIІ century. Significant emphasis was placed on the interpretation of management reforms of Joseph II and Franz Joseph. The «discourse» of the Galician officials – a faithful servant of the Emperor, and a supporter of his local nationality and interests, is singled out. Special attention was given to "personal" style of government in Galicia, its structure and constituent elements at the local level, describes the public status of the personality (stadtholder and bezirk governor on a background of legal competence and public expectations). Particular consideration is paid to significance of rituals (audience and official inspection) as a means of strengthening the power, support and encourage public authority among the population. Ethos of state officials analyzed according to official regulations and perceptions of provincial society as construction of peculiar behavior of ordinary officials, solved the role of education and public manners.
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Koteneva, A. V., A. V. Kokurin, A. V. Litvinova, and A. V. Goncharenko. "Professional Self-esteem and Adaptation of the Penitentiary System Staff." Psychology and Law 10, no. 3 (2020): 20–35. http://dx.doi.org/10.17759/psylaw.2020100302.
Повний текст джерелаАнотація:
The study focuses on examining the adaptive skills and specifics of professional self-esteem of the penitentiary system officials with varying levels of success in adapting to their duty performance. 50 individuals took part in the questioning: 25 men and 25 women aged 24-51 (the average age is 33), with 1 to 5 years of experience (the average length of service is 4 years). Five methods were used for diagnosis. For data processing we used Kruskal-Wallis one-way analysis of variance and correlation analysis. The results of the study indicate that the effectiveness of adaptation is helped by the official's psychological qualities such as the internal locus of control, mental stability, adaptive and communicative skills, moral normativity. The more successfully an official adjusts to the conditions and content of his/her official duties, the more positive his/her professional self-esteem is, the greater are his/her self-efficacy, professional and life satisfaction. Difficulties in the officials' adaptation to their professional environment entail a decline in their general state, emergence of somatovegetative disorders, reduced motivation for work, deterioration of their social interaction.
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Puhi, Oyaldi, Rustam Hs Akili, and Roy Marthen Moonti. "The Settlement of Abuse of Authority by Government Officials." Indonesian Journal of International Clinical Legal Education 2, no. 1 (March 31, 2020): 85–100. http://dx.doi.org/10.15294/ijicle.v2i1.37323.
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This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.
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Tano, Mauricio, Juha Baek, Adriana Ordonez, Rita Bosetti, Terri Menser, George Naufal, and Bita Kash. "COVID-19 and communication: A sentiment analysis of US state governors’ official press releases." PLOS ONE 17, no. 8 (August 30, 2022): e0272558. http://dx.doi.org/10.1371/journal.pone.0272558.
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Objectives This study examines the contents of official communication from United States governors’ offices related to the COVID-19 pandemic to assess patterns in communication and to determine if they correlate with trends for COVID cases and deaths. Methods We collected text data for all COVID-19 related press releases between March 1 and December 31, 2020 from the US governors’ office websites in all 50 states. An automated parsing and sentiment analyzer assessed descriptive statistics and trends in tone, including positivity and negativity. Results We included a total of 7,720 press releases in this study. We found that both positive and negative sentiments were homogenous across states at the beginning of the pandemic but became heterogeneous as the pandemic evolved. The same trend applied to the frequency and tone of press releases. Sentiments across states were overall positive with a small level of negativity. We observed a reactive official communication to the evolution of the number of COVID-19 cases rather than responsive or preventive. Conclusions The findings of both positivity and negativity in press communications suggest that the effect of discounted importance was present in official communications. Our findings support a state-dependent optimal communication frequency and tone, agreeing with the curvilinear communication model of organizational theory and implying that feedback cycles between government officials and public response should be shortened to rapidly maximize communication efficacy during the pandemic. Future research should identify and evaluate the drivers of the large differences in communication tone across states and validate the reactive characteristics of COVID-19 official communications.
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McConachie, Bruce. "Theatre History and the Nation-State." Theatre Research International 20, no. 2 (1995): 141–48. http://dx.doi.org/10.1017/s0307883300008385.
Повний текст джерелаАнотація:
The American theatre and film critic Stanley Kaufman once told the following version of the ‘Napoleon’ joke. It seems a French official in the 1820s on a visit to an insane asylum was taken around the institution by one of the inmates. As the tour progressed, the official was increasingly impressed by the inmate's evident knowledge of the asylum. There were times when his guide even seemed to be running the place; he commanded orderlies to open locked doors or to remove other inmates from confinement, and the orderlies always obeyed. Finally, they came to the last room on the tour and the inmate explained that the people within suffered from delusions of grandeur. Sure enough, the official looked through the bars and saw an entire roomful of men dressed like French generals, strutting about with one hand thrust inside their vests. ‘Those poor fools all think they are Napoleon’, said the guide. Certain now that his guide was as rational as he, the official asked him how soon he was going to be released. The inmate drew him aside and whispered confidentially, ‘They'll never let me go. They're afraid of my power in France. They know all these other Napoleons are fakes.’
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Alexander, Jocelyn. "The local state in post-war Mozambique: political practice and ideas about authority." Africa 67, no. 1 (January 1997): 1–26. http://dx.doi.org/10.2307/1161268.
Повний текст джерелаАнотація:
The article explores the ways in which post-independence political practices in Mozambique's rural areas have shaped attitudes towards official authority, and considers the legacy of those attitudes for the recently promulgated Municipalities Law. The law will transfer a range of state functions to elected district institutions, and grant a greater role to ‘traditional authorities’ (chiefs). Mozambican officials and academics see the law—and decentralisation more widely—as a means of making the state more efficient and more responsive to local needs. However, drawing on case study material from Manica Province, the article argues that neither the Frelimo party-state, nor the opposition military movement Renamo, inculcated a political practice which prepared the way for democratic demands. Nor are chiefs likely to represent community interests effectively. In Manica's rural areas ‘local leaders’ such as businessmen, political party leaders, chiefs and church leaders strongly associate official authority with a level of wealth and education that they do not possess, and which consequently exclude them from holding such positions. They also see elections as potentially destabilising. While there is a strong popular desire for chiefs to resume various roles, officials (and chiefs themselves) usually see their future in terms of a late colonial model, i.e. as an extension of administrative authority. Academic literature on democratisation and civil society often posits an opposition between state and civil society, and democratic aspirations within civil society. However, local attitudes towards authority in Manica Province were strongly based in the history of political practice, and are not necessarily sympathetic to democratic ideals. Nor is there a clear opposition between what has often been called ‘civil society’ and the state: individuals moved in and out of association with official authority; leaders of ‘civil society’ often sought to become part of, not to oppose, the state.
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Mahran, Heba. "Acts of Official Grief on the Berlin Museum “Trauerrelief” (AMP 12411)." Athens Journal of Mediterranean Studies 8, no. 4 (September 30, 2022): 221–32. http://dx.doi.org/10.30958/ajms.8-4-2.
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Grief is a human feeling that accompanies sad events or the loss of dear ones. Acts of grief were represented in ancient Egyptian funerals for both males and females. Attendants of a funeral vary between family members, friends, professional mourners, official representatives - in case of high officials- and priests who were involved either in mummification or recitation of prayers. The current study is analyzing a scene of the funeral of the High Priest of Ptah, Ptahemhat-Ty. The relief came from Saqqara and is now a famous piece in Berlin Museum (AMP 12411). Grief on this relief came in two levels; the family level and the official level. The acts performed in the funeral vary between emotional acts and conservative acts. The sons of the deceased acted in distress and deep sadness while officials were sad in discreet and demure way. Both acts were expressed in gestures and facial features. Employing a descriptive analytical methodology it is deduced that official grief is conventional and conservative probably to maintain the image of the state with the exception of one or two officials turning the other way to hide their emotions of sadness from the public. Similar scenes of funerals of high officials show in most cases the same gestures represented on the Berlin Trauerrelief. Keywords: mourners, funeral, official grief
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Tzanakopoulos, Antonios. "State Responsibility for “Targeted Sanctions”." AJIL Unbound 113 (2019): 135–39. http://dx.doi.org/10.1017/aju.2019.22.
Повний текст джерелаАнотація:
The United States and other actors such as the European Union impose “targeted sanctions” against foreign officials for acts carried out in their official capacity, or against legal entities of targeted states. This mirrors the practice and experience of the United Nations. The Security Council's practice of imposing comprehensive sanctions in the early 1990s quickly evolved into a practice of “targeted” or “smart” sanctions, to both improve effectiveness and to alleviate the significant effects of sanctions on the population of targeted states. However, the legal regime for resorting to sanctions is different when it comes to states acting unilaterally than it is for collective action within the framework of the UN Charter. This essay first clarifies some terminological issues. It then delves into the legality of the practice of unilateral “targeted sanctions,” and concludes that the most legally difficult aspect of these measures is their purported extraterritoriality.
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Giustozzi, Antonio. "Afghanistan’s decentralised regional foreign policy." Central Asian Affairs 1, no. 1 (April 18, 2014): 71–89. http://dx.doi.org/10.1163/22142290-00101006.
Повний текст джерелаАнотація:
Afghanistan's lack of a state monopoly of violence reflects on its foreign policy in a number of ways. First, various non-state organizations developing their own relations with foreign countries. Second, enforcing coherent policy making within the institutions of the Afghan state itself has been sometimes problematic as officials could rely on the patronage of organizations external to the state to delay the implementation of official policies. This article discusses the cases of Afghan foreign policy towards Pakistan, India, China and Iran.
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MacKAYE, SUSANNAH D. A. "California Proposition 63: Language Attitudes Reflected in the Public Debate." ANNALS of the American Academy of Political and Social Science 508, no. 1 (March 1990): 135–46. http://dx.doi.org/10.1177/0002716290508001011.
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In the November 1988 elections, three states—Colorado, Arizona, and Florida—passed measures making English the official language of those states. These victories were foreshadowed by the passage, in 1986, of Position 63 in California. Proposition 63 amended the state constitution to declare English the official language of California and charged the legislature and state officials with the preservation and enhancement of English as the common language of the state. The appearance of Proposition 63 on the political horizon brought language into public parlance, allowing us the opportunity to explore American language ideology. Preelection editorials and letters to the editor in California newspapers speculating on the need for and effects of Proposition 63 reveal the language attitudes of the writers. Certain themes that regularly appeared on both sides of the issue may be taken as elements of current American ideology.
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Zhang, Yanchao. "The State Canonization of Mazu: Bringing the Notion of Imperial Metaphor into Conversation with the Personal Model." Religions 10, no. 3 (March 1, 2019): 151. http://dx.doi.org/10.3390/rel10030151.
Повний текст джерелаАнотація:
Drawing from Stephan Feuchtwang’s influential notion of “imperial metaphor,” this article explores the role that the state played in the development of the Mazu cult in late imperial China. I argue that the state was central in the canonization of Mazu, elevating her from a polyvalent local object of devotion to a key deity in a national cult that strongly reflected official ideology. State canonization involved three deeply intertwined strategies to standardize, give public recognition, and promote a range of local beliefs and practices: the conferral of official titles, the incorporation of local gods and goddesses into the register of sacrifices, and the construction of official temples. As a result of these interwoven processes, Mazu became associated with domestic defense and warfare, the protection of government officials, and the involvement in political endeavors. As such, the imperial version of goddess worship served to justify and reinforce imperial authority. For all the analytical strength of the notion of imperial metaphor, I contend, however, that it needs to be supplemented with and critiqued by Robert Hymes’ “personal model,” in order to fully understand the complexity and dynamism of the Mazu devotion, and more generally, of popular religion in late imperial China.