scholarly journals O princípio do contraditório necessário aos processos administrativos e aos processos nos tribunais de contas

2018 ◽  
Vol 277 (3) ◽  
pp. 169
Author(s):  
Alexandre Aroeira Salles
Keyword(s):  
The State ◽  
External Control ◽  
Legal Process ◽  
Adversarial System ◽  
Administrative Agencies ◽  
Fair Hearing ◽  
The Creation ◽  
The Right ◽  
Article 5

<p>The adversarial system (the principle of the right to a fair hearing) needed for proceedings before administratives and accounting courts in Brazil</p><p> </p><p>A CRFB/88 entregou às atividades de controle interno e de controle externo brasileiros importantes competências, incluindo a função de aplicar sanções a pessoas físicas e jurídicas, podendo-lhes ainda condenar à devolução de valores irregularmente dispendidos. Ao mesmo tempo, a CRFB/88 garantiu, por meio do artigo 5o, a todos os indivíduos que o Estado somente lhes possa privar de seus bens e direitos caso siga fielmente as normas-princípio do devido processo legal, do contraditório e da ampla defesa. Desrespeitando frontalmente tais princípios, a Lei no 8.443/1992 organizou seu aparato de forma a incluir nas atribuições de seus ministros o papel de fiscalizar, acusar, instaurar, instruir, gerir as provas e decidir seus processos acusatórios contra os indivíduos. Além disso, a referida lei estabeleceu um processo em que as partes não conseguem: produzir suas provas; acompanhar as provas produzidas pelos seus acusadores e ao mesmo tempo julgadores; serem ouvidas; e nem recorrerem para instância que não já as tenha fiscalizado e julgado. Portanto, é necessário modernizar tal lei para viabilizar tanto uma organização como um processo justo.</p><p> </p><p>The Brazilian Constitution of 1988 provided the administrative agencies with important competencies for the internal and external control of public activities, including the function of imposing sanctions and order the return of amounts spent improperly against citzens. At the same time, the 1988 Brazilian Constitution, through its Article 5, guarantees to all individuals that the State can only deprive them of their assets and rights if it faithfully follows certain specific principles (“normas-princípio”) of due legal process, adversarial system and full defense. Disrespecting directly such principles, the act Law 8.443/92 structured its bodies in such a way as to give to the officials the role of auditing, accusing, instituting, instructing, administering the evidence and deciding on its accusatory proceedings against individuals. Moreover, these Laws established a process in which the parties cannot: produce their evidence; analyse the evidence presented by their accusers/judges; be heard; or even appeal to a forum that has not already reviewed and decided on their case. Therefore, it is necessary to adapt this act to enable the creation of a structure and process that is fair.</p>

scholarly journals SANITARY-EPIDEMIOLOGICAL AUDIT AS A TOOL TO IMPROVE MANAGEMENT EFFECTIVENESS IN THE SPHERE OF SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION

2018 ◽  
Vol 97 (1) ◽  
pp. 90-93
Author(s):  
Irina V. May ◽  
E. V. Sedusova
Keyword(s):  
Russian Federation ◽  
Organizational Support ◽  
Well Being ◽  
The State ◽  
External Control ◽  
National System ◽  
The Russian Federation ◽  
The Creation ◽  
The Right ◽  
Audit Reports

The article considers the legal and organizational aspects of the establishment of a national system of sanitary and epidemiological audit in the Russian Federation. There is described the experience of the functioning of sanitary audit in the republics of Belarus and Kazakhstan, examples of using audit in other spheres of supervision are given. It is shown that in the context of the administrative reform of the control and surveillance activities, the sanitary and epidemiological audit can partially replace the state planned control of low and moderate risks to human health, releasing the resources of the state authorities for overseeing high-risk objects. The creation of the system requires the normative consolidation of the registration procedure and the functioning of organizations with the right to implement activities in the field of sanitary and epidemiological audit, the development of rules for external control of audit services. It seems that the quality assurance in this area should be ensured by the Federal Service for Supervision of Consumer Rights Protection and Human Well-being in the Russian Federation, under whose auspices the national system can function. An important stage in the creation of a new tool for managing sanitary and epidemiological well-being is the development of a database structure and appropriate software to maintain auditor registers and audit reports. A separate task is to provide methodological and organizational support for the training of qualified personnel.

ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 463
Author(s):  
Muslim Ansori ◽  
Akhmad Khisni
Keyword(s):  
Private Schools ◽  
Education System ◽  
Crucial Role ◽  
The State ◽  
Educational Institutions ◽  
Legal Entity ◽  
Non Profit ◽  
The Right

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,

The History of the Creation of the VII State Pharmacopoeia of the USSR (Review)

2021 ◽  
Vol 10 (2) ◽  
pp. 128-135
Author(s):  
K. S. Guzev
Keyword(s):  
Detailed Analysis ◽  
The State ◽  
Main Text ◽  
Scien Tists ◽  
History Of ◽  
Points Of View ◽  
The Creation ◽  
Objective Necessity

Introduction. The objective necessity of the appearance of this code of laws for the pharmaceu-tical industry is shown. The proofs of the readiness of all branches of pharmacy to develop the text of the Pharmacopoeia, taking into account modern international requirements for scientific and practical activities in the development, manufacture and production of medicines, are presented.Text. The work presents the history of the creation of the VII edition of the State Pharmacopoeia of the USSR. The sequence of steps for the formation of the Pharmacopoeia Commission, the stages of its activities for the preparation of the updated text of the Pharmacopoeia is described, a detailed analysis of the prepared text is given in comparison with the current Pharmacopoeia of the VI edition (1910). Various points of view of experts on the content of the main text are cited, which served as the basis for the new document. The role of domestic scien-tists-pharmacists in the development and publication of the VII edition of the State Pharmacopoeia of the USSR is evaluated.Conclusion. The role of the Pharmacopoeia Commission in the timely development of the text of the new edition of the State Pharmacopoeia is emphasized. The fact of its wide discussion among experts and the novelty of the approach, which gave a powerful impetus to the development of the entire industry, are noted.

Unfulfilled Promise: Palestinian Family Reunification and the Right of Return

2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra
Keyword(s):  
United Nations ◽  
Family Reunification ◽  
The State ◽  
Early Years ◽  
Successor State ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Family ◽  
The Creation ◽  
The Right

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Peran Notaris Dalam Penggunaan Akta SKMHT Yang Tidak Diikuti APHT Terhadap Debitor Wanprestasi Terkait Pemberian Fasilitas Kredit Pemilikan Rumah Subsidi (Studi Kasus di Bank Tabungan Negara Pekalongan)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 275
Author(s):  
Rifki Yusuf ◽  
Maryanto Maryanto
Keyword(s):  
Qualitative Analysis ◽  
The State ◽  
High Potential ◽  
Physical Security ◽  
Power Of Attorney ◽  
Savings Bank ◽  
The Face ◽  
The Right ◽  
Right Of Property

ABSTRAK Kabupaten Pekalongan merupakan lokasi yang memiliki potensi tinggi dalam penggunaan Surat Kuasa Membebankan Hak Tanggungan (SKMHT), hal ini disebabkan oleh gencarnya pembangunan oleh masyarakat yang membutuhkan dana besar yang antara lain berasal dari kredit yang diperoleh dengan menggunakan lembaga Hak Tanggungan yang selanjutnya menimbulkan berbagai masalah seperti apabila debitor wanprestasi. BTN selaku kreditor dalam pemberian KPR bersubsidi kepada debitor umumnya tidak menguasai benda yang menjadi jaminan kredit secara fisik, tetapi hanya memiliki hak kebendaan secara administratif. Pengikatan obyek jaminan yang berupa tanah, yaitu Hak Milik, Hak Guna Bangunan dan Hak Guna Usaha, prosesnya hanya sampai dengan Surat Kuasa Membebankan Hak Tanggungan (SKMHT) saja, dengan tidak dibebankan Hak Tanggungan atas obyek jaminan tersebut, maka BTN belum memiliki hak kebendaan atas jaminan tersebut secara faktual.Tujuan dari penelitian ini adalah untuk mengkaji dan menganalisis peran notaris dalam hal debitor wanprestasi, penggunaan SKMHT yang tidak diikuti APHT dalam hal debitor wanprestasi terkait dengan pemberian fasilitas Kredit Pemilikan Rumah Subsidi pada Bank Tabungan Negara serta upaya pihak Bank Tabungan Negara dalam hal debitor wanprestasi terhadap pemberian fasilitas Kredit Pemilikan Rumah. Metode yang digunakan dalam penelitian ini adalah metode analisis kualitatif, yaitu data yang diperoleh disusun secara sistematis kemudian dianalisis secara kualitatif agar dapat diperoleh kejelasan masalah yang akan dibahas.Dalam penelitian ini disimpulkan bahwa dalam menghadapi debitor wanprestasi Bank BTN mengambil langkah melakukan penjualan kembali dengan menggunakan kuasa menjual yang tercantum dalam akta “Pengakuan Hutang”, serta peningkatan SKMHT ke APHTkepada calon debitor, dan peran notaris yang hanya sebagai pembuat akta sehingga tidak turut serta jika terjadi wanprestasi.Kata kunci: Notaris, SKMHT, APHT, wanprestasi ABSTRACTPekalongan Regency is a location that has a high potential in the use of Power of Attorney Charging the Guarantee Right (SKMHT), this is caused by incessant development by people who need big fund which among others comes from the credit obtained by using the Mortgage Institution which further cause various problems such as if the debtor is defaulted. BTN as a creditor in the granting of subsidized KPR to the debtor generally does not control objects that become credit for physical security, but only have the right of property administratively. The binding of the object of collateral in the form of land, namely Right of Ownership, Building Rights and Cultivation Right, the process is only up to the Power of Attorney Charging the Guarantee Right (SKMHT) only, without the burden of the Guaranteed Fund on the object of the guarantee, BTN has no material right the guarantee is factual.The purpose of this study is to examine and analyze the role of a notary in the case of debtor wanprestasi, the use of SKMHT not followed APHT in the case of debtor wanprestasi associated with the provision of Subsidized House Ownership Credit in the State Savings Bank and the efforts of the State Savings Bank in the case of debt defaulting to the grant Housing Loan facility. The method used in this study is the method of qualitative analysis, the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity of issues to be discussed.In this study it is concluded that in the face of debtor wanprestasi Bank BTN take steps to resell by using the power of sale which stated in deed "Recognition of Debt", and increase SKMHT to APHT to debitor candidate, and notary role which only as deed maker so do not participate if there was a default.Keywords: notary, SKMHT, APHT, wanprestasi

scholarly journals PERAN NOTARIS DALAM PELAKSANAAN PERJANJIAN BANGUN BAGI ANTARA ORANG-PERORANGAN DI KOTA JAMBI

Wajah Hukum ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 97
Author(s):  
Triamy Rostarum
Keyword(s):  
The State ◽  
Land Owners ◽  
The Right ◽  
Construction Delay

The form of conveyance are not only through legal act sales and purchase agreement. Land owners who want to build a building in their land,but do not have the funds (capital) can do the deed of the build and sharing Agreement. Build and sharing agreement is a legal agreement between a person who was land owner and another party(second party) who is given the right to build on the land, on condition that the profits are divided into two: for the land owner and the developer. Build and sharing agreement can be made by a notarial deed as an autenthic deeds. Notary as an official appointed by the State authorities in making the deed of build and sharing agreement. Notary is the instrumental intranslating carefully and clearly explained the intent of the parties, thus achieved an agreement between the parties.The role of notary is more than that set in the Act, notary act as mediator in differences of views against something in a legal agreement between two parties. Also, notary must explain the risks and constraints that may be encountered later in the implementation of the build and sharing agreement and mediate in seeking the prevention and solution to these constraints. The constraints faced in the implementation of build and sharing agreement are construction delay; negligence committed by second party and occurred problems in land ownership.Keywords: Build and sharing Agreement, the role of the notary.

Equity and the Right to Do Wrong

2020 ◽  
pp. 72-91
Author(s):  
Andrew S Gold
Keyword(s):  
The State ◽  
The Self ◽  
Role Of The State ◽  
The Right ◽  
The Relationship ◽  
Private Litigation ◽  
Better Than

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.

scholarly journals Juridification as politics: An institutional view

2020 ◽  
pp. 019145372096217
Author(s):  
Mariano Croce
Keyword(s):  
Social Groups ◽  
The State ◽  
Self Organization ◽  
Legal Process ◽  
Political Issues ◽  
Family Networks ◽  
Social Actors ◽  
Political Processes ◽  
The Creation ◽  
Institutional View

In the existing literature on depoliticization, the increasing use of law as a medium to tackle social and political issues is deemed to be detrimental to the legitimacy of political processes. Against this view, I argue that this trend – which some scholars call ‘juridification’ – can be key to giving life to new forms of politics. First, I show why juridification is a political more than a legal process. Second, I illustrate recent critiques of the dangers inherent in the particular type of juridification that involves the growing use of rights. Third, while concurring with these critiques, I make the case that other facets of juridification are often underrated that can ignite a novel kind of politics. On this account, I go on by elaborating on the idea of self-organization of social groups vis-à-vis the state that is entailed in this notion of politics. Finally, I discuss the recognition of non-conventional family networks to exemplify how a politics of juridification could work. The conclusion is that, while juridification calls for a thorough revision of the tasks of politics, it does not thwart it. Rather, traditional representative politics could and should take stock of how it involves social actors in the creation of new bodies of regulation.

The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Living Organism ◽  
The State ◽  
Executive Power ◽  
System P ◽  
Full Structure ◽  
The Government ◽  
The Individual ◽  
The Right

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

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