scholarly journals CONSTITUTIONAL LEGAL STATUS OF PRESIDENTS OF THE REPUBLIC OF UZBEKISTAN AND THE USA (COMPARATIVE LAW ANALYSIS)

2016 ◽  
pp. 0-0
Author(s):  
Миравзал Миракулов ◽  
Miravzal Mirakulov
Keyword(s):  
Legal Status ◽  
Comparative Law ◽  
Veto Power ◽  
Distinctive Features ◽  
The Status ◽  
The Usa ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Commander In Chief

The article provides comparative law analysis of constitutional legal statuses of Presidents of the Republic of Uzbekistan and the USA. The analysis is conducted per respective provisions of the constitutions of the countries in question and per such criteria as form of government, form of rule, presidential elections and powers, qualifications, established for candidates for presidency. Thus, special attention is paid to various peculiarities of the legal status of the institute of presidency of the countries in question, in particular, regarding such issues as participation in the formation of the upper chamber of parliament, ministries and other State administrative bodies, interaction with the parliament and the judicial branch, powers in defense and security sectors, international relations, law making etc. Thus, the author identifies such distinctive features of the institute of presidency in Uzbekistan, as the existence of the post of Prime Minister and responsibility of the Government before the parliament and President; that the President possesses arbitration and integrative, coordinating and guaranteeing functions; the right to legislative initiative, dissolution of Parliament, convocation of the referendum, appointing and dismissing heads of local executive authorities; the status of President allows holding office of a Senate member during good behavior upon the expiry of the term. On the basis of an astute comparative analysis the author also reveals a number of similar characteristics in the institutes of presidency in the USA and Uzbekistan, such as age qualifications, the right to the address to parliament, participation of the Senate in appointing, approving and electing functionaries, presented by President, the veto power, as well as the status of the Commander-in-Chief.

Pendampingan Kesetaraan Paket-C Mata Pelajaran Matematika Semasa Pandemi Covid-19 di LPKA Batam

2021 ◽  
Vol 2 (2) ◽  
pp. 57-62
Author(s):  
Nailul Himmi ◽  
Nina Agustyaningrum ◽  
Asmaul Husna
Keyword(s):  
Learning Process ◽  
Compulsory Education ◽  
Active Role ◽  
Learning Program ◽  
Mathematical Concepts ◽  
Assistance Program ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
The Right

Education is the right of all Indonesian citizens guaranteed in Constitution of the Republic Indonesia, including children who are in criminal status. Criminal children are placed in LPKA with a maximum age of 18 years with compulsory education for 9 years. LPKA Batam provides assistance to the package C equivalence program aimed at fulfilling the learning program from the government even though it is in the status of a criminal child. LPKA is conducting moderation in the field of education, namely by online learning related to outbreak of COVID-19 since early 2020 when government implementing the PSBB policy. One of the education programs at LPKA Batam is the package C equivalency learning assistance program wich one subjects is mathematics. The problems in the learning process are the different initial abilities of students and limitations in terms of convenience and flexibility of learning while online. Thus, tutors use Google Meet for virtual meeting learning by providing material in the form of PPT or LKS. The tutor teaches understanding of mathematical concepts according to the curriculum and fosters learning motivation for the target children who take part in the package C equivalence program. At the end of the lesson, the tutor provides an evaluation of the material given as much as one question and is completed directly at the meeting. During the learning process students are very enthusiastic about receiving the material, students can solve r outine questions well, but need more assistance in solving non-routine questions. The implementation of the package C equivalence program mentoring activities in mathematics at LPKA Batam went well as seen from the responses of students who played an active role from the beginning to the end of the activity

scholarly journals Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 105-119
Author(s):  
Momcilo Grubac
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Proceeding ◽  
The Public ◽  
Procedure Code ◽  
The Status ◽  
Injured Party ◽  
The Republic ◽  
The Right

In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor) only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim). In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

scholarly journals STATUS HUKUM HAK MILIK ATAS TANAH YANG TERKENA ABRASI

2020 ◽  
Vol 13 (1) ◽  
pp. 96-107
Author(s):  
Dwi Susiati ◽  
Sri Setiadji
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Land Rights ◽  
Land Registration ◽  
The Status ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact

Abrasion is a natural disaster that results in the owner of the right to land losing the right to control, use or take advantage of the land, because the land is lost in part or in whole due to erosion by water. Article 27 of the Law On Agraria determines that property rights over land are destroyed if the land is destroyed. In this study, the author will analyze the legal status of property of land affected by abrasion with the formulation of the problem What is the legal status of property rights on land affected by abrasion according to Government Regulation Number 24 of 1997 concerning Land Registration and how to guarantee the protection of affected land rights abrasion. The results of this study are that the status of land rights affected by abrasion is abolished, both in the provisions of the Law On Agraria and Government Regulation Number 24 of 1997 concerning Land Registration because it is no longer compatible with physical data or juridical data as a strong evidence. The government has an obligation to provide guarantees and protection of rights to land affected by abrasion and those that have been affected by abrasion in part or in whole. On the basis of the state's right to control Article 2 of the Law On Agraria the state has the right to regulate land use, inventory, and maintenance to prevent and reduce the impact of abrasion on its citizens. The government can also provide compensation as contained in Article Number 24 of 2007 concerning Disaster Management which determines that the Government and regional governments are responsible for the implementation of disaster management.Abrasi merupakan bencana alam yang mengakibatkan pemilik hak atas tanah kehilangan hak untuk menguasai, menggunakan, atau mengambil manfaat atas tanah, karena tanah tersebut hilang sebagian atau seluruhnya akibat pengikisan oleh air. Pasal 27 UUPA menentukan hak milik atas tanah hapus, apabila tanahnya musnah. Pada penelitian ini, penulis akan menganalisa tentang status hukum hak milik atas tanah yang terkena abrasi dengan rumusan masalah Bagaimana status hukum hak milik atas tanah yang terkena abrasi menurut PP No. 24 Tahun 1997 tentang Pendaftaran Tanah  dan bagaimana jaminan perlindungan hak-hak tanah yang terdampak abrasi. Hasil dari penelitian ini adalah bahwa status hak atas tanah yang terkena abrasi adalah hapus, baik dalam ketentuan UUPA maupun PP No. 24 Tahun 1997 tentang Pendaftaran Tanah karena tidak sesuai lagi dengan data fisik maupun data yuridis sebagai alat bukti yang kuat. Pemerintah mempunyai kewajiban untuk memberikan jaminan dan perlindungan hak-hak atas tanah yang terdampak abrasi maupun yang sudah terkena abrasi baik sebagian maupun seluruh tanahnya. Atas dasar hak menguasai oleh negara Pasal 2 UUPA negara berhak mengatur peruntukan, penggunaan, persediaan,dan pemeliharaan tanah untuk mencegah dan mengurangi dampak abrasi bagi warga negaranya. Pemerintah juga dapat memberikan ganti kerugian sebagaimana yang ada di dalam UU No. 24 Tahun 2007 tentang Penanggulangan Bencana yang menentukan bahwa Pemerintah dan pemerintah daerah menjadi penanggung jawab dalam penyelenggaraan penang-gulangan bencana.

scholarly journals Legal Regulation of the Status of a Sportsman in a Subject of the Russian Federation (On the Example of the Republic of Mordovia)

2021 ◽  
Vol 7 (1) ◽  
pp. 257-361
Author(s):  
N. Davydova ◽  
T. Khudoikina
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Physical Culture ◽  
Federal Programs ◽  
Distinctive Features ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

The relevance of the chosen research topic is due to the fact that in recent years in the constituent entities of the Russian Federation great attention is paid to physical culture and sports, federal programs for the development of physical culture and sports are being developed and implemented, sports facilities are being built for all categories of citizens. There is an active promotion of a healthy lifestyle, in connection with which, an interest in regular sports has been entrenched in society. The purpose of the study is to analyze the legislative regulation of the legal status of a sportsman in the constituent entity of the Russian Federation, since each region has its own distinctive features. To achieve the goal, the authors set the tasks to study the legislation on sports of the Republic of Mordovia. The article considers the current regional regulatory legal acts.

Features of the legal status of the temporarily occupied territories: comparative and legal aspect

2021 ◽  
pp. 136-144
Author(s):  
Yа. Kushnir
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Demarcation Line ◽  
Distinctive Features ◽  
Occupied Territory ◽  
The Status ◽  
Occupied Territories ◽  
The Republic ◽  
Definition Of ◽  
Republic Of Cyprus

The author of the article makes a comparative legal description of Ukrainian temporarily occupied territories’ legal status through the prism of the international experience that the Republic of Cyprus and Georgia had. Normalization of the legal status of the temporarily occupied territories of Ukraine is a priority of the national legislator. However, the question is how effective this direction is. Scientific research is being held to find the answer to this question. It is carried out due to identifying common and distinctive features of the law enforcement practice of the Republic of Cyprus, as one of the longest and most successful examples of counteracting the temporary occupation. The absence of a legal definition of the status of the temporarily occupied territories of Cyprus is established within the framework of national legislation. Moreover, the demarcation line is characterized and the order of crossing the demarcation line is established. Common and distinctive features of normalization of this array of public relations are determined. In disclosing the results of this part of the study, the author establishes an approach to the definition and consolidation of the temporarily occupied territories of Ukraine concerning specific values that are defined by national and international law. Further explorations of the study are conducted taking into account the practice of Georgia, a country whose practice was taken into account directly in the development of national regulators of the status of the temporarily occupied territory. In the course of the research, the author reveals the reasons why the temporarily occupied territories appeared and their consequences for Georgians. The normative basis for settling this issue is singled out, the impossibility of the order of entry / exit to/from the temporarily occupied territory, the responsibility for violating the order of crossing the demarcation line is substantiated. Particular attention is paid to the common features of the definition of the temporarily occupied territories of both states, and the distinctive features of further regulation.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

scholarly journals Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

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