Unresolved Issues of Partition Politics

2018 ◽  
Author(s):  
Udayon Misra
Keyword(s):  
The State ◽  
New Wave ◽  
Displaced Persons ◽  
National Register ◽  
The Status ◽  
New Challenges

The concluding chapter takes up what it sees to be some of the major unresolved issues of Partition politics. While it tries to trace the roots of the violence centred around land in several areas of Assam, especially in the Bodo-inhabited region, it shows how issues such as the controversy over the cut-off year for immigrants to acquire citizenship are carry-overs from Partition days. Other major issues that are discussed include the status of Hindu refugees/displaced persons in the state, the National Register of Citizens, and the larger question of language and Assamese identity. It shows how with the new wave of immigrants being assimilated into the Assamese nationality, its transformation is underway and how this transformation itself throws up new challenges and equations.

scholarly journals PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS IN THE CONDITIONS OF THE CONFLICT IN DONBASS

2019 ◽  
Author(s):  
Andrii BUTYRSKYI Butyrskyi
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Norms ◽  
Point Of View ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Status ◽  
The Right ◽  
Different Levels

The conflict in Donbass is the greatest problem of Ukraine. As a result of this conflict, Ukraine has lost a part of its territory, a lot of money etc. But it is only a part of the problem. Some problems are invisible and arise only after a certain period of time. One of these problems is internally displaced persons. The article examines the problems that arise in the practice of realization of the rights of internally displaced persons in Ukraine and outlines possible ways of further work of state authorities of Ukraine in this area. The problem of internally displaced persons is nationwide since it concerns a very large number of people and is extremely important from a political point of view. It should be noted that the state is trying to resolve this problem in every possible way, but many issues remain unsolved regarding internally displaced persons, which led to the choice of the topic of our research. Speaking about the state's efforts to resolve the problems associated with the internally displaced persons, above all, implies attempts to regulate new relations for our country at the legislative level. At the same time, the legislation of Ukraine should be harmonized with generally accepted international norms, which should include the 1951 Convention Relating to the Status of Refugees and the 1954 Convention relating to the Status of Stateless Persons. Regarding the Ukrainian legislation on the internally displaced persons, at the legal level, these relations are regulated by the Law of Ukraine “On Providing Rights and Freedoms of Internally Displaced Persons” and many other by-laws. If the legal regulation of the problems of internally displaced persons is generally at an appropriate level, then in practice there are a lot of problems that range from small households to the most important ones, such as the right to vote in elections at different levels.

Negotiations beyond Borders: States and Immigrants in Postcolonial Europe

2010 ◽  
Vol 41 (1) ◽  
pp. 79-95 ◽  
Author(s):  
Riva Kastoryano
Keyword(s):  
Home Country ◽  
The State ◽  
Member States ◽  
The Status ◽  
New Challenges ◽  
Supranational Institutions ◽  
Permanent Residents ◽  
Multiple Interactions ◽  
The Eu ◽  
National Borders

Although the issues of immigration and integration remain within the purview of the state, states face new challenges that affect their relationship with immigrants inside and outside their boundaries. Within the eu, the coordination of policies to protect common borders from flows of immigration has forced states to re-assess their treatment of immigrants. Moreover, immigrants with the status of permanent residents or legal citizens in their adopted state increasingly foster solidarity networks across national borders on the grounds of one or more identities, thus linking their home country to their country of residence and, in the case of the eu, to a broader European space. The emergence of transnational associations underscores the development of multiple interactions between national societies, between national and supranational institutions, and between member states of the eu that continue to reshape the nature and scope of negotiations between states and immigrants.

scholarly journals Implementing of the right to pension by internally displaced persons: discriminative sources

2020 ◽  
pp. 32-36
Author(s):  
Kateryna KOLOTUKHA
Keyword(s):  
Legal Status ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Place Of Residence ◽  
Internally Displaced ◽  
Administrative Services ◽  
The Status ◽  
The Right ◽  
Pension Payments

Introduction. The paper establishes that in connection with the conduct of military operations by our state in the east of Ukraine over the past six years, the emergence of a new administrative and legal status of persons-internally displaced persons – is predetermined. It is determined that such persons need enhanced protection and ensuring the exercise of their rights and freedoms from the state, which in practice causes certain difficulties. The special value of social protection of citizens, including the implementation of pension payments to internally displaced persons, is justified. Purpose: substantiation of proposals to improve the conditions for the provision of administrative services for the renewal and continuation of the payment of IDP pensions and the procedure for making pension payments to IDPs. Results. The paper analyzes the specifics of providing administrative services to internally displaced persons in the field of pension provision. This publication examines and analyzes the legislation and practical experience of implementing the right to a pension by internally displaced persons, provides legal conclusions on the state of respect for the rights and freedoms of internally displaced persons when they receive administrative services in the field of pension provision. The problem of creating unequal conditions for persons with the status of Internally displaced persons and persons without such status in the exercise of the right to a pension is revealed, which causes discrimination against internally displaced persons, contradicts constitutional principles and international acts. The necessity of repealing a rules that contradicts the law and establishes discriminatory provisions against persons with the status of Internally displaced persons is justified. The proposals of amendments to the legislation regarding new conditions for providing public services related to the appointment/recalculation of pensions to internally displaced persons without reference to the place of residence of such persons and changes in the procedure for maintaining a unified information and analytical system for managing social support for the population of Ukraine. Conclusion. The results obtained will ensure that there is no need to control the implementation of payments at the place of residence of internally displaced persons, and in the existence of a separate procedure for paying pensions to internally displaced persons and, most importantly, it will stop discrimination against persons with the administrative and legal status of an internally displaced person in comparison with persons without such status.

OPERATIONAL STATE OF BRIDGES OF UKRAINE

2019 ◽  
pp. 57-68
Author(s):  
Larysa Bodnar ◽  
Petro Koval ◽  
Sergii Stepanov ◽  
Liudmyla Panibratets
Keyword(s):  
Management System ◽  
The State ◽  
Operating Conditions ◽  
Bridge Management ◽  
Bridge Management System ◽  
Program Complex ◽  
Operating Condition ◽  
Software Complex ◽  
Automatic Mode ◽  
The Status

A significant part of Ukrainian bridges on public roads is operated for more than 30 years (94 %). At the same time, the traffic volume and the weight of vehicles has increased significantly. Insufficient level of bridges maintenance funding leads to the deterioration of their technical state. The ways to ensure reliable and safe operation of bridges are considered. The procedure for determining the predicted operational status of the elements and the bridge in general, which has a scientific novelty, is proposed. In the software complex, Analytical Expert Bridges Management System (AESUM), is a function that allows tracking the changes in the operational status of bridges both in Ukraine and in each region separately. The given algorithm of the procedure for determining the predicted state of the bridge using a degradation model is described using the Nassie-Schneidermann diagram. The model of the degradation of the bridge performance which is adopted in Ukraine as a normative one, and the algorithm for its adaptation to the AESUM program complex with the function to ensure the probabilistic predicted operating condition of the bridges in the automatic mode is presented. This makes it possible, even in case of unsatisfactory performance of surveys, to have the predicted lifetime of bridges at the required time. For each bridge element it is possible to determine the residual time of operation that will allow predict the state of the elements of the structure for a certain period of time in the future. Significant interest for specialists calls for the approaches to the development of orientated perspective plans for bridge inspection and monitoring of changes in the operational status of bridges for 2009-2018 in Ukraine. For the analysis of the state of the bridge economy, the information is available on the distribution of bridges by operating state related to the administrative significance of roads, by road categories and by materials of the structures. Determining the operating state of the bridge is an important condition for making the qualified decisions as regards its maintenance. The Analytical Expert Bridges Management System (AESUM) which is implemented in Ukraine, stores the data on the monitoring the status of bridges and performs the necessary procedures to maintain them in a reliable and safe operating condition. An important result of the work is the ability to determine the distribution of bridges on the public roads of Ukraine, according to operating conditions established in the program complex of AESUM, which is presented in accordance with the data of the current year. In conditions of limited funding and in case of unsatisfactory performance of surveys, it is possible to make the reasonable management decisions regarding the repair and the reconstruction of bridges. Keywords: bridge management system, operating condition, predicted operating condition, model of degradation, bridge survey plan, highway bridge.

Varied Responses to Human-Induced Seismicity in the City of Azle, Texas

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Sarmistha R. Majumdar
Keyword(s):  
State Government ◽  
Induced Seismicity ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
Prior History ◽  
Small Community ◽  
Regulatory Policies ◽  
The Status

Fracking has helped to usher in an era of energy abundance in the United States. This advanced drilling procedure has helped the nation to attain the status of the largest producer of crude oil and natural gas in the world, but some of its negative externalities, such as human-induced seismicity, can no longer be ignored. The occurrence of earthquakes in communities located at proximity to disposal wells with no prior history of seismicity has shocked residents and have caused damages to properties. It has evoked individuals’ resentment against the practice of injection of fracking’s wastewater under pressure into underground disposal wells. Though the oil and gas companies have denied the existence of a link between such a practice and earthquakes and the local and state governments have delayed their responses to the unforeseen seismic events, the issue has gained in prominence among researchers, affected community residents, and the media. This case study has offered a glimpse into the varied responses of stakeholders to human-induced seismicity in a small city in the state of Texas. It is evident from this case study that although individuals’ complaints and protests from a small community may not be successful in bringing about statewide changes in regulatory policies on disposal of fracking’s wastewater, they can add to the public pressure on the state government to do something to address the problem in a state that supports fracking.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

The position of the State in the international system from the perspective of major schools of thought in international relations

2019 ◽  
pp. 79
Author(s):  
Salah Hassan Mohammed ◽  
Mahaa Ahmed Al-Mawla
Keyword(s):  
International Relations ◽  
International Politics ◽  
International System ◽  
International Order ◽  
The State ◽  
Point Of View ◽  
The Status ◽  
Future Vision

The Study is based on the state as one of the main pillars in international politics. In additions, it tackles its position in the international order from the major schools perspectives in international relations, Especially, these schools differ in the status and priorities of the state according to its priorities, also, each scholar has a different point of view. The research is dedicated to providing a future vision of the state's position in the international order in which based on the vision of the major schools in international relations.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

On the Development of Islamic Jurisprudence

1999 ◽  
Vol 16 (1) ◽  
Author(s):  
Murad Wilfried Hofmann
Keyword(s):  
The State ◽  
Current State ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Sensitive Issues ◽  
Status Of Women ◽  
Islam And Democracy

This article examines the state of Islamic jurisprudence with regard to many sensitive issues, such as the status of women and minorities in Islam, Islam and Democracy, hudud punishments. The author explores the current state of Islamic discourse on jurisprudence and identifies three approaches-traditional, secular and reformist. The paper explores the positions of the traditional ulama and the reformist muj­tahids on the mentioned topics and finds the reformist position more sensible and closer to the position of ihe Qur'an and Sunnah. This paper while advocating neo-ijtihad, makes an impressive case for the merit???? and Islamic credibility of the reformist jurisprudence.

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