scholarly journals LAW AND ORDER AND CORRUPTION: PRESENT-DAY CHALLENGES

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Юрий Трунцевский ◽  
Yuriy Truntsevskiy ◽  
Дина Гехова ◽  
Dina Gekhova ◽  
Ольга Муратова ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Conflict Of Interest ◽  
Educational Institutions ◽  
Law And Order ◽  
Present Stage ◽  
Public And Private ◽  
The Rule Of Law ◽  
Transparency International ◽  
The Public ◽  
Scientific Ideas

The article examined the following aspects: universal means of countering corruption in the various legal systems; the main directions of the state anti-corruption policy at the present stage; criminological features of crime of corruption, as well as theoretical and practical issues related to increasing of the efficiency of mechanisms for the settlement of competing interests. The scientific ideas and new approaches of the anti-corruption efforts were identified and formulated by the participants of the Fifth Eurasian Anti-Corruption Forum “Law and Order and Corruption: Modern Challenges”, held in Moscow on 20 — 21 April 2016. The annual Eurasian Anti-Corruption Forum is traditionally attended by representatives of international and foreign organizations (IACA, FATF, OECD, EAG, Transparency International, UNCAC), the federal and regional governmental bodies, scientific and educational institutions and leading Russian and foreign experts. The main Forum’s goals — understanding of fundamental scientific and actual problems of realization the principles of the rule of law in the formation of international and national anti-corruption strategies, as well as the discussion of the problems relating to overcoming of the prerequisites of conflict of interest and corruption practices in the public and private spheres.

scholarly journals Cross-border public administration

2019 ◽  
Vol 52 (1-2) ◽  
pp. 74-89
Author(s):  
Roman Melnyk ◽  
Anna Barikova
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Framework ◽  
Public Governance ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Cross Border ◽  
Traditional Societies ◽  
The Cross

Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters

Oakeshott, Freedom and Republicanism

2005 ◽  
Vol 7 (1) ◽  
pp. 81-96 ◽  
Author(s):  
David Boucher
Keyword(s):  
Rule Of Law ◽  
Institutional Design ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Political Experience ◽  
Michael Oakeshott ◽  
Civic Virtues ◽  
The Public Sphere ◽  
Civil Condition

It is contended that Michael Oakeshott resists classification in terms of conventional labels of conservative, liberal, right or left, and that it is difficult to incorporate him in discussions of modern liberal theory because his concerns are not with human rights, distributive justice or multiculturalism. It is with reference to the classical republicanism of Rome that Oakeshott's distinctive contribution to political philosophy is illuminated because of his emphasis upon authority, the rule of law and freedom as non-domination. These are the very features that Oakeshott highlights in his lectures on the ‘Political Experience’ and ‘Political Thought’ of the Romans. Oakeshott values the distinction that the Romans, but not the Greeks, made between public and private, but unlike later republicans he does not associate the public sphere exclusively with political participation and civic virtues. One may contribute just as significantly to the public concern by being a music-hall entertainer. Oakeshott is clearly differentiated from modern instrumental republicans who in his view would be rationalists obsessed with institutional design and with viewing the civil condition as an enterprise association.

scholarly journals La revisión del modelo de gestión pública : efectos de la reposición del ámbito privado en el marco jurídico público

2011 ◽  
Author(s):  
Julián Torrado Sancho
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
Legal Framework ◽  
Public Authorities ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
The Status ◽  
Transformation Processes

Los procesos de transformación en la Gestión Pública han actuado en las funciones y organización de la Administración, produciendo cambios que han afectado tanto a las relaciones entre el ámbito público y privado, en el seno de los poderes públicos y sus órganos administrativos, como entre los procedimientos técnicos y jurídicos que los conforman. Una revisión de estos fenómenos lleva a la necesidad de realizar un estudio más profundo y objetivo acerca del papel del marco jurídico público y, especialmente, el régimen jurídico administrativo, ante la necesidad de abrir nuevos enfoques y perspectivas sobre la situación del Estado de Derecho.The transformation processes in public management have acted on the functions and organization of the administration, producing changes that have affected both the relationships between the public and private, within public authorities and administrative bodies, and between technical and legal procedures that conform. A review of these phenomena leads to the need for a more thorough and objective study on the role of public legal framework, especially the administrative legal system, given the need to open up new approaches and perspectives on the status of the rule of law.

War and Peace

2017 ◽  
Author(s):  
Alex Goodall
Keyword(s):  
Rule Of Law ◽  
Empirical Investigation ◽  
Law And Order ◽  
War And Peace ◽  
The Rule Of Law ◽  
The Public ◽  
Public Imagination

This chapter explores how countersubversion may have been invigorated by the war, but it did not end with the Armistice. Like many other actions of 1919, the raid on the Information Bureau showed how loyalty enforcement persisted after the conflict ended, with international Bolshevism coming to replace the former German enemy in the public imagination. However, in deference to America's conception of itself as a nation of reason, subject to the rule of law, postwar anti-Bolshevik crusading was defended by its authors as a rigorous, objective, and empirical investigation of radical influence in America. Bolshevism was criticized because of its un-American limits on freedoms of speech, liberty, property, and religion and its contempt for law and order.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

The Rule of Law and the Public Transcript

2020 ◽  
Vol 66 (4) ◽  
pp. 498-518
Author(s):  
Michelle Dionne Thompson
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
The Public

Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain

2021 ◽  
Vol 7 (3) ◽  
pp. 379-398
Author(s):  
David Parra Gómez
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Social Rights ◽  
Institutional Reforms ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
Division Of Powers ◽  
European Democracy ◽  
Aggressive Interference

Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

An exposition of trade policy formulation through the issuing of "Trade Policy Directives" by the Minister of Trade, Industry and Competition under the International Trade Administration Act 71 of 2002

2021 ◽  
Vol 25 ◽  
Author(s):  
Clive Vinti
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
Rule Of Law ◽  
Policy Formulation ◽  
Procedural Rationality ◽  
Abstract Section ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
A Charge

ABSTRACT Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law. Keywords: Trade policy; International Trade Administration Act; rule of law; legality; rationality; arbitrariness; transparency; accountability; governance.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

Sign in / Sign up

Export Citation Format

Share Document