scholarly journals The Legal Meaning of a Detailed Spatial Plan in the Context of the Fundamental Right of Ownership

2021 ◽  
Vol 30 ◽  
pp. 81-89
Author(s):  
Heili Püümann
Keyword(s):  
Research Question ◽  
Legal Regulation ◽  
Legal Concept ◽  
Main Research ◽  
The Republic ◽  
Construction Law ◽  
Legal Concepts ◽  
Public Construction ◽  
Spatial Plan ◽  
Legal Meaning

The article represents an effort to determine what the legal meaning of a detailed plan is within the context of the fundamental right of ownership. A detailed plan could be understood under Estonian law as a restriction of the fundamental right of ownership or, alternatively, could come under the legal concept of ‘designing the fundamental right of ownership’. The distinction between these two legal concepts is important because they fall under two separate schemes of legal regulation in light of the Constitution of the Republic of Estonia, which differ from each other considerably. If a detailed plan and the conditions laid down therein fall under the ‘restriction of the fundamental right of ownership’ legal concept, the detailed plan and its conditions must be compliant with the requirements foreseen by the Constitution for any establishment of a restriction to a fundamental right. This question is still unresolved in Estonian law. To aid in finding a solution that addresses the main research question, the article presents answers for the following sub-questions: i) what the legal effect and meaning of a detailed plan is, ii) how to understand the legal concept of ‘restriction of the fundamental right of ownership’ and how to distinguish between that legal concept and the other one, and iii) what the scope of the protection of the fundamental right of ownership is in light of public construction law.

scholarly journals THE DEVELOPMENT OF PRINCIPLES OF THE PUBLIC CONSTRUCTION PROCESS

2018 ◽  
Vol 1 (82) ◽  
pp. 110
Author(s):  
Ilga Krampuža
Keyword(s):  
Legal Regulation ◽  
Construction Process ◽  
Legal Norms ◽  
The Public ◽  
New Construction ◽  
The Republic ◽  
Favourable Environment ◽  
Construction Law ◽  
The Right ◽  
Public Construction

The aim of the article is to research the process of development of principles of the public construction process. The author shows the stages of formation and consolidation of the principles of the public construction process, as well as reflects the main tendencies in the future.As regards the construction process, there are many interests which come into conflict and which can be contradictory among themselves. First of all, there are the neighbours’ interests which are mainly related to the issues of private law, and, secondly, the public or general interests which are mainly related to the right to a favourable environment. The objective of the principles of the public construction process is to ensure protection of these interests. During the first years of existence of the Republic of Latvia, special attention was paid to the construction legal regulation. The principles of construction during this period are closely related to the desire to create a system that provides construction according to a predetermined plan and order and serves the restoration of the national economy after the historical shocks. Following the restoration of the independence of the Republic of Latvia, the principles of construction are to be derived from the conditions provided by regulatory enactments and recognised as an instrument that provides for the transition to the implementation of the public construction process that is appropriate to the Western legal scope. Thanks to the new Construction Law, the construction principles have been “embedded” in the law as legal norms, which allow solving problems of the persons involved into construction process, as well as the issues of neighbourhood and environmental protection according to the modern needs.

scholarly journals Media Framing: How Can the Constitutional Name of One Country Be Changed?

2020 ◽  
Vol 13 (1) ◽  
pp. 5-23
Author(s):  
Eleonora Serafimovska ◽  
Marijana Markovikj
Keyword(s):  
Research Question ◽  
Media Framing ◽  
Opinion Leaders ◽  
Media Content ◽  
Main Research ◽  
Republic Of Macedonia ◽  
Content Analyses ◽  
The Republic ◽  
Media Monitoring ◽  
The Eu

The Macedonian-Greek agreement to change the name of the Republic of Macedonia resulted in a referendum. The columns of relevant opinion leaders published in electronic media during the official referendum campaign was the focus of interest and research presented in this article. The sample comprised 57 columns by 19 columnists. The discussion of the findings in this paper is based on framing theory with media content analyses; the template for media monitoring was used as an instrument based on human coding. The main research question addressed in this paper is: “How are opinion leaders setting frames?” The hypothesis is that opinion leaders use different themes and scripts to construct media framing due to narrow public opinion “for” or “against/boycott” the change of the constitutional name. Two negative, emotionally charged frames were identified: the frame “for” promoted positive messages reinforced with ideas about the EU and NATO membership; the frame “against/boycott” promoted messages that Macedonian identity will be lost.

scholarly journals Duties and Liability of the Members of the Supervisory Board of Limited Companies in Estonia: The First Cases from the Supreme Court of Estonia

2017 ◽  
Vol 26 ◽  
pp. 66
Author(s):  
Andres Vutt ◽  
Margit Vutt
Keyword(s):  
Supreme Court ◽  
Research Question ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Company Law ◽  
Main Task ◽  
Main Research ◽  
Management Board ◽  
The Supreme Court ◽  
The Difference

Similarly to German law, Estonian company law provides two-tier management for all public limited companies. Legal regulation of the liability of members of the management board and supervisory board is the same, and therefore the question arises of whether there is any difference in liability between members of different boards. The Estonian Supreme Court recently made two decisions regarding the liability of members of the supervisory board. The main research question of the article is ‘what is the scope of the duties of the supervisory board in comparison to the duties of the management board, and how does the difference in duties affect the liability?’ As the main task of the supervisory board is to exercise supervision, the question is what the actual standard of supervision is. The main conclusions in the article are that the Supreme Court of Estonia has not given an answer to the question about the standard for the liability of members of the supervisory board and leaves open many other important questions about boundaries of their duties. 

scholarly journals Innovation and innovation activity: legal aspect

2020 ◽  
Vol 15 (3) ◽  
pp. 141-187
Author(s):  
IGOR P. KOZHOKAR
Keyword(s):  
Social Relations ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Economic Science ◽  
Conceptual System ◽  
Legal Concept ◽  
Innovative System ◽  
Legal Concepts ◽  
Legal Mechanism

. Innovation is becoming a vector of modern social development not only in Russia, but also around the world. The category of innovation is used not only in economic science, but also in other areas of social and human studies. The task of legal science is to create an appropriate legal mechanism that can effectively regulate innovative relations, allowing them to be differentiated from other objectively changing social conditions. Such a mechanism can only be built on a scientifically based system of legal concepts that have a sign of innovation, which is currently absent in Russian legislation. This paper proposes a conceptual system based on the concept of innovation. There are numerous features of innovation that can be used by the legislator for various purposes of legal regulation (regulation of innovation relations, protection of innovation, support and promotion of innovation, and others), and in various fields of public life (economy, public services, social relations, culture, education). The basic idea of innovation should be considered along with its subordinate basic concepts (innovative product, innovative activity, innovative system, innovative infrastructure, innovative policy) including the description of their content and the possibility of further development of conceptual series that have the characteristic of innovation. The role of the legal concept series in detecting legal and technical defects in innovative legislation is shown.

scholarly journals Legal Protection of Tobacco Farmers in Indonesia

2019 ◽  
Vol 2 (4) ◽  
pp. 289-297
Author(s):  
Agus Dono Wibawanto
Keyword(s):  
Research Method ◽  
Tobacco Industry ◽  
Research Question ◽  
Legal Protection ◽  
Household Economy ◽  
Legal Research ◽  
Main Research ◽  
State Revenue ◽  
Strategic Trading ◽  
The Republic

Tobacco and processed tobacco products is not only being an important part in the culture of the Indonesian nation. But they are also natural biological resources which have contributed greatly to the prosperity and welfare of the Indonesian people. Basically entrepreneurs or farmers of the Tobacco Industry as a very strategic trading eye have a very big role on the country's economy and the household economy of the Indonesian people specifically tobacco farmers. The cigarette and tobacco industry is one of the national industries that is still quite strong to date, in addition to material contributions in the form of state revenue from excise and employment, this tobacco-based industry is recognized as being part of the Indonesian community. This industry involves directly or indirectly. Nicotine in cigarettes is a group of legal addictive substances such as cigarettes, cigars, nicotine pieces which are stimulants, which increase dopamine and adrenaline. The main research question in this research is how is legal protection for tobacco farmers in the perspective of the Law of the Republic of Indonesia Number 36 of 2009 concerning Health? The research method used is normative legal research, using analysis of various legal materials. By using normative legal research methods because to produce new arguments, theories or concepts as a prescription in solving the problems faced, namely Legal Protection against Tobacco Farmers. The conclusions of this study are efforts to protect against the dangers of smoking, among others, by raising the price of cigarettes, prohibiting the sale of cigarettes to children less than 18 years and prohibiting the sale of cigarette bars and not ratifying the Framework Convention on Tobaco Control (FCTC).

scholarly journals The Implementation of State Investment Plans by the Chinese People’s Republic as a Way to Reduce the Russian Federation’s Influence in the Republic of Kazakhstan

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Krystian Pachucki-Włosek
Keyword(s):  
Development Strategy ◽  
Research Question ◽  
Primary Objective ◽  
Development Plan ◽  
Strategic Partner ◽  
Main Research ◽  
State Investment ◽  
The Republic ◽  
The Impact ◽  
The Relationship

The aim of this article is to examine the impact of the actions of Chinese capital on limiting the influence of the Russian Federation in Kazakhstan. The preliminary analysis allowed for the formulation of the research question: Does Kazakhstan still take political considerations into account when choosing between Russian and Chinese capital? It was possible to answer this question due to the analysis of the main investments implemented by the Pekin and Mosocow in terms of their compliance with the Kazakhstan2050 development plan, initiated by President Nursultan Nazarbayev in 2012. The main research methods used in the article included: the analysis of literature on the subject, comparison, inference and induction. Finding the relationship between the development plan and investments made it possible to formulate a research hypothesis that the evaluation was reversed in the Kazakh development strategy. The primary objective when choosing a strategic partner became the economic calculation and its benefits. Political considerations came only in second place.

scholarly journals LEGAL TERMINOLOGY AND LEGAL CONCEPTS AS LEGAL AND TECHNICAL MEANS AS WELL SA SCIENTIFIC AND THEORETICAL CATEGORIES

2020 ◽  
Vol 16 (4-1) ◽  
pp. 131-145
Author(s):  
Анатолий Шабуров
Keyword(s):  
Legal Regulation ◽  
Scientific Development ◽  
Empirical Methods ◽  
Legal Concept ◽  
Legal Method ◽  
Special Scientific ◽  
Legal Concepts ◽  
Legal Technology

Legal terms should be understood not only as a technical means, but also as the most important scientific and legal category that ensures the content of law, the development of legal science, the quality of legal acts and the effectiveness of legal regulation in general. This is due to the fact that real knowledge of legal phenomena and processes is possible only by analyzing legal concepts expressed in legal terms. The inseparable connection of legal concepts and the terms corresponding to them suggests that increasing the role of the latter is impossible without the scientific development of legal concepts. Purpose: to show the great importance of the categories «legal (law) terminology» and «legal concept» as the most important scientific and theoretical legal terms and means of legal technology. Methods: empirical methods of description and interpretation; special scientific formal legal method and comparative legal method. Results: a critical analysis of the views on legal terms of famous national and foreign jurists is carried out; legal terminology is recognized as the main means of legal technology; the similarities and differences of legal terminology and its concepts are named.

scholarly journals Sergiu Musteață, Twentieth century leaders in the Republic of Moldova history textbooks

2016 ◽  
Vol 4 (1) ◽  
pp. 30-52
Keyword(s):  
Twentieth Century ◽  
Research Question ◽  
History Textbooks ◽  
Policy Makers ◽  
Main Research ◽  
Republic Of Moldova ◽  
History Curriculum ◽  
The Republic ◽  
The Cold War ◽  
Quantitative And Qualitative Methods

The main research question of this paper is How the twentieth century leaders are treated in the History textbooks published within the last decade in the Republic of Moldova? The textbooks are a reflection of the History curriculum. Therefore, the analysis starts with the discussion of this document and its content concerning leaders and heroes. The main research sources are the History textbooks published in Moldova during the last decade that debate the events of the twentieth century. The paper analyses how the national, European and world leaders are treated in Moldovan textbooks, and how the discourse and the paradigm get changed depending on political regimes. Based on quantitative and qualitative methods, some conclusions have been made about various leaders, such as Lenin, Stalin, Hitler, Mussolini, Antonescu or leaders from the Cold War era. At the end, the leaders of independent Moldova are briefly presented too. As a result of this analysis we could see how the leaders are presented in the Moldovan textbooks and could conclude that the policy makers, textbook authors and publishers have to pay more attention to this topic.

The semiotic interpretation of legal subjects in China’s new criminal procedure law

Semiotica ◽  
2017 ◽  
Vol 2017 (216) ◽  
pp. 383-397
Author(s):  
Xu Lin ◽  
Li Liang
Keyword(s):  
Legal Reasoning ◽  
Criminal Procedure ◽  
Legal Concept ◽  
Legal Subject ◽  
Criminal Procedure Law ◽  
Legal Concepts ◽  
Legal Subjects ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Meaning

AbstractSemiotically, it is worth discussing some legal terminology that expresses the legal subjects in the criminal procedure law drawn up in 2012. In China’s new criminal procedure law, it can been seen that different legal concepts are adopted to refer to the same legal subject, while different legal subjects are referred to by the same legal concept. In Article 106 of the new criminal procedure law, “participants in the proceedings” means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses, and interpreters. However, all kinds of criminal lawsuit participants appearing in the new criminal procedure law are far beyond the scope of “participants in the proceedings” defined in Article 106. While Article 3, Article 4, and Article 290 of the new criminal procedure law are all about subjects in the criminal procedure law, nevertheless, why is Article 290 arranged as the last article? With the help of the Peircean semiotic methodology and Greimas’ semiotic theory fused with legal materiality, some semiotic interpretations of legal terms are very necessary. Background metalanguage, consensus metalanguage, and context-oriented metalanguage are the foundation for analyzing the problems mentioned previously. In addition, legal language autonomy and unipolarity, the relationship of legal text and real legal meaning, and the transition from law in the text to the law in action provides several strong perspectives to make them clear. Drawing upon semiotic methodology fused with legal materiality, this paper will explore legislative techniques and methodology, especially logical deduction by reasoning between lawmakers and judges, including legal interpretation, legal reasoning, and interest measure. It will be beneficial to establish the authority of China’s new criminal procedure law and have it smoothly implemented in China.

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