scholarly journals KONSEKUENSI YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XV/2017 TERHADAP TENAGA KERJA YANG MEMILIKI IKATAN PERKAWINAN DENGAN SESAMA TENAGA KERJA DALAM SATU PERUSAHAAN

2019 ◽  
Vol 14 (1) ◽  
pp. 36
Author(s):  
I Nyoman Agus Trisnadiasa ◽  
Dewa Putu Tagel
Keyword(s):  
Constitutional Court ◽  
Court Decisions ◽  
The Right

<p>The Problems that emerged in a marriage in Indonesia, visible seen in arrangement marriage in tje workplace, each worker / laborers in one company will undertake ongoing marriage, some companies both by the governmenr, and private, establishes a clause that limits the right to undertake ongoing marriage between workers/laborers in one company. That the existence of a clause the termination of employment, so that constitutional court thought the regulation contraty contrary constitutional the art 28D paragraph 1 the contitution of 1945 that everyone is entitled to form family and to survive through marriage legitimate. Expected for<br />company follow the constitutional court decisions.</p>

Problematic issues of application of terms of appeal to court in the consideration of labor disputes on remuneration

2021 ◽  
pp. 105-109
Author(s):  
V. Mamai
Keyword(s):  
Practical Problem ◽  
Case Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
Labor Disputes ◽  
Legal Provisions ◽  
Legal Nature ◽  
The Supreme Court ◽  
Functional Orientation ◽  
The Right

The articles explore the practical problems of the application of procedural deadlines in the consideration of labor disputes relating to remuneration, their application. The article proclaims the practical problem of choosing the terms proposed in Article 233 of the Labor Code of Ukraine. Thus, it is determined that when applying the terms proposed in Part 2 of Article 233 of the Labor Code of Ukraine, does not necessarily expand the understanding of the category of “wages” and “wages”. Pay attention to the solution of this issue in the articles on all developed cooperation, the concept of “wages” and “wages”, which is used in Part 2 of Article 233 of the Labor Code of Ukraine, the relevant decision of the Constitutional Court of Ukraine is analyzed. By solving the problems of the legal nature of the payments involved to employees for recovery, which can be applied to Part 2 of Article 233 of the Labor Code of Ukraine, the author conducted a study and analysis of recent case law and examples of court decisions, namely the rulings of the Supreme Court and decisions of the Constitutional Court of Ukraine, in this court with the formation of clear legal provisions governing the legal nature of payments. this can be used Part 2 of Article 233 of the Labor Code of Ukraine. Also the question of structure of a salary, its basic elements, the analysis of provisions of the basic regulatory legal acts, both laws, and by-laws regulating the certain questions is investigated. The article concludes that the concepts of “wages” and “wages”, which are used in Part 2 of Article 233 of the Labor Code of Ukraine are identified. To this notion of “wages” it is proposed to create an extensive structure of payments. The criterion for canceling the payment to the structure of wages is the founder of the connection of such payment with the performance of duties of employees and its functional orientation (from the creation and incentives). In view of this, the author supports the view that Part 2 of Article 233 of the Labor Code of Ukraine can not join the dispute over the recovery of these amounts, the right to quality applies to employees as a result of breach of their obligations by employers (Articles 117, 235, 236, 237-1 of the Labor Code of Ukraine)

scholarly journals Current tendencies of the development of the right to a healthy environment in Hungary in the light of the practice of the Constitutional Court in recent years

2021 ◽  
Vol 16 (31) ◽  
pp. 39-54
Author(s):  
Dávid Hojnyák
Keyword(s):  
Fourth Amendment ◽  
Constitutional Court ◽  
Court Decisions ◽  
Healthy Environment ◽  
Fundamental Law ◽  
The Right

In recent years, there have been several Constitutional Court decisions dealing with the right to a healthy environment and its interpretation. In these decisions, the Constitutional Court has further developed and partially renewed the content of the right to a healthy environment and its interpretation, which was necessary and justified following the adoption of the Fundamental Law of Hungary, and especially following its fourth amendment. Accordingly, the present study reviews the recent changes in the content and interpretation of the right to a healthy environment and the new tendencies that can be observed in this context by analysing the practice of the Constitutional Court of Hungary.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals After Mazibuko: Exploring the responses of communities excluded from South Africa's water experiment

2017 ◽  
Vol 61 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Nathan John Cooper
Keyword(s):  
South Africa ◽  
Resource Allocation ◽  
Social Engagement ◽  
Water Allocation ◽  
Constitutional Court ◽  
Water Access ◽  
Cultural Phenomenon ◽  
Legal Provisions ◽  
Constitutional Right ◽  
The Right

AbstractDespite a constitutional right to water, challenges remain for access to sufficient water in South Africa. This article considers the degree to which current legal provisions perpetuate approaches that are antithetical to genuinely eco-socio-sustainable water access. Water in South Africa has largely been re-cast as a commodity, exposed to market rules, proving problematic for many and giving rise to various responses, including litigation. In the seminal case of Mazibuko, the Constitutional Court failed to provide robust protection to the right to water, providing impetus for the formation of “commons” strategies for water allocation. Indeed, “commoning” is beginning to represent not only an emerging conceptual strand in urban resource allocation, but also a dynamic, contemporary, eco-sensitive, socio-cultural phenomenon, driving innovative, interactive and inclusive forms of planning and social engagement. Against the backdrop of unequal water access, commoning offers glimpses of an empowering and enfranchising subaltern paradigm.

Sign in / Sign up

Export Citation Format

Share Document