scholarly journals The Role of the Military Courts in Punishing the Crimes Committed by Military Personnel

2016 ◽  
Vol 22 (2) ◽  
pp. 379-383
Author(s):  
Alexandru Stoian
Keyword(s):  
Public Interest ◽  
Military Personnel ◽  
Criminal Code ◽  
Fundamental Rights ◽  
The Public ◽  
Procedure Code ◽  
New Codes ◽  
Fundamental Rights And Freedoms ◽  
The Military

Abstract Having a long tradition in the system of judicial organization in Romania, the military courts represent a category of courts specialized in the prosecution and punishment of the deeds committed by the military. In the context of satisfying the public interest and of the protection of the fundamental rights and freedoms of the citizens, the role of the military courts has always been a strongly individualized one and should, at first sight, enjoy a wider recognition. However, the reforms required by the implementation of the new codes, the Criminal Code and the Criminal Procedure Code, bring into discussion significant restructuring and side with a demilitarization of military courts, required by a better streamlining of the judicial system and by a more adequate implementation of the guarantees of independence and impartiality stipulated by the Constitution of Romania.

EUROPEAN INSTITUTIONS AND MECHANISMS FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MILITARY PERSONNEL

2021 ◽  
Vol 17 (1) ◽  
pp. 175-182
Author(s):  
Madălina PREDA (DAVIDOIU)
Keyword(s):  
Human Rights ◽  
Military Personnel ◽  
Fundamental Rights ◽  
International Treaties ◽  
Strategic Objectives ◽  
European Institutions ◽  
Legal Foundation ◽  
Standards Of Conduct ◽  
Fundamental Rights And Freedoms ◽  
The Military

Abstract: Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.    

THE EFFECT OF THE RELIGIOUS FACTOR ON THE MILITARY MEN VALUE BASED ORIENTATION FORMING

2020 ◽  
Vol 10 (4) ◽  
pp. 137-142
Author(s):  
ALEXEY ROMAKHIN ◽  
Keyword(s):  
Russian Federation ◽  
Military Personnel ◽  
Armed Forces ◽  
Value Orientations ◽  
Russian Army ◽  
Religious Factor ◽  
The Russian Federation ◽  
Role Of Religion ◽  
The Military

This article reveals the problem of the role of the religious factor in the formation of the value orientations of the military personnel of the Russian army from its inception to the present state. In the article, the author reveals the significance of the Church in the formation of the value orientations of military personnel. The problem of religious situation in foreign armies is considered. The article presents data from sociological studies confirming the increase in the number of religious servicemen in the modern Armed Forces. The concept of “religious factor” is revealed. The author suggests considering the influence of the religious factor on the formation of value orientations through the functions of religion. The article provides examples of the influence of religion on the formation of value orientations of military personnel from the time of the Baptism of Russia to the present. Examples of writers of Russian classical literature about the influence of religion on the morale of troops are given. Examples of religious participation in major battles and wars of the past years are shown. The significance of the religious factor in uniting the people and the army is shown. The work of officials of the Ministry of defense of the Russian Federation in strengthening values among military personnel in modern conditions is demonstrated. The role of the Minister of defense of the Russian Federation, General of the army S.K. Shoigu in strengthening the faith of the Russian army is outlined. Issues related to the construction of the Main Temple of the Armed Forces and its impact on the public masses were discussed. In this study, the author aims to show the significant role of religion in the formation of value orientations in Russian military personnel. The analysis shows an increasing role of religion in the minds of military personnel in modern conditions.

Implementasi Asas Keterbukaan pada Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum: Antara Harapan dan Kenyataan

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Information Asymmetry ◽  
Case Studies ◽  
Public Interest ◽  
Economic Inequality ◽  
Land Acquisition ◽  
The Public ◽  
Land Scarcity ◽  
Library Research ◽  
Role Of Information

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 

A Proposed Framework Emphasizing Auditor Reliability over Auditor Independence

2003 ◽  
Vol 17 (3) ◽  
pp. 257-266 ◽  
Author(s):  
Mark H. Taylor ◽  
F. Todd DeZoort ◽  
Edward Munn ◽  
Martha Wetterhall Thomas
Keyword(s):  
Public Interest ◽  
Auditor Independence ◽  
Public Confidence ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Accounting Profession ◽  
The Public ◽  
Necessary And Sufficient

This paper introduces an auditor reliability framework that repositions the role of auditor independence in the accounting profession. The framework is motivated in part by widespread confusion about independence and the auditing profession's continuing problems with managing independence and inspiring public confidence. We use philosophical, theoretical, and professional arguments to argue that the public interest will be best served by reprioritizing professional and ethical objectives to establish reliability in fact and appearance as the cornerstone of the profession, rather than relationship-based independence in fact and appearance. This revised framework requires three foundation elements to control subjectivity in auditors' judgments and decisions: independence, integrity, and expertise. Each element is a necessary but not sufficient condition for maximizing objectivity. Objectivity, in turn, is a necessary and sufficient condition for achieving and maintaining reliability in fact and appearance.

A autocomposição de conflitos na Câmara de Conciliação e arbitragem da Administração Federal: estudo do caso - UNIFESP x União

2019 ◽  
Vol 1 (1) ◽  
pp. 19-36
Author(s):  
Leila Cuéllar ◽  
Egon Moreira
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The Public ◽  
Procedure Code

The article analyses the role of the “Mediation Chambers” in the Public Administration, according to the Civil Procedure Code (2015) and the Mediation Act (2015). It examines the nature of such chambers, their operation and limits.

scholarly journals Administrative Functions of Implementation and Adjudication Guided by Primacy of Fundamental Rights

2017 ◽  
Vol 6 (2) ◽  
pp. 263-277 ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Public Interest ◽  
Fundamental Rights ◽  
Judicial System ◽  
The Public ◽  
American System ◽  
Administrative Functions ◽  
Financial Interests ◽  
Judicial Procedures ◽  
Administrative Adjudication

Abstract This article points out the bottlenecks in the systems of administrative adjudication in Latin America and suggests that the ineffectiveness should not be blamed entirely on the judicial system and judicial procedures. Rather, the Latin-American system of administrative justice should come to terms with its judicial system of general jurisdiction, gradually reducing the jurisdiction of courts over administrative disputes in favor of an administrative reform to ensure administrative functions of implementation and adjudication respecting the primacy of fundamental rights. The author concludes that it is necessary to think about a reform that leads public administrative authorities to act as an instrument for expressing the public interest rather than as end in itself or as an entity to protect self-serving, momentary political and financial interests that are not clearly bound by a duty to protect fundamental rights.

scholarly journals THE LEGAL EDUCATION OF THE BASIS FOR STRENGTHENING MILITARY DISCIPLINE

2020 ◽  
pp. 389-392
Author(s):  
Makhmudov R.M ◽  
Karimova B.N
Keyword(s):  
Military Personnel ◽  
National Guard ◽  
Legal Education ◽  
Legal Standards ◽  
The Republic ◽  
Military Law ◽  
The Right ◽  
Relationship Of ◽  
The Military

This article discusses the problems of legal education and strengthening the discipline of the military of the National Guard of the Republic of Uzbekistan as citizens of the rule of law. The role of law and its influence on the legal consciousness of military personnel is revealed. Features and specificity of the service of the military personnel of the National Guard of the Republic of Uzbekistan. The authors in the article will try to uncover the relationship of legal education and strengthening the discipline of military personnel. The role of the right to strengthen the charter knowledge of military personnel is revealed in detail. KEY WORDS: members of the National Guard, military regulations, legal standards, legal education, military law, legal support, specific features, the formation of a legal culture, strengthening discipline.

scholarly journals ARQUITETURA, IDEOLOGIA E PRODUÇÃO: o uso do edifício público como veículo de comunicação no período do “Regime Militar” brasileiro

Revista Labor ◽  
2017 ◽  
Vol 1 (18) ◽  
pp. 1
Author(s):  
Eneas de Araújo Arrais Neto
Keyword(s):  
Economic Development ◽  
Public Sector ◽  
Military Government ◽  
Specific Group ◽  
The Public ◽  
Design Project ◽  
Architectural Language ◽  
The Military ◽  
The City

Este artigo tem como objetivo analisar os edifícios sedes dos órgãos públicos federais construídos na cidade de Fortaleza durante os anos de vigência do “Regime Militar”. Parte da compreensão de que a arquitetura, enquanto objeto de fruição coletiva, assume o papel de meio de comunicação de massa no espaço urbano e, como tal, foi um dos instrumentos de divulgação ideológica dos governos militares dirigidos aos setores sociais urbanos; veiculando principalmente idéias de modernização, desenvolvimento, racionalidade, onipotência do poder estatal e autoritarismo. Analisa igualmente as influências, neste processo, da cultura de classe do setor burocrático-estatal, e propõe que estas edificações, ao estabelecerem novos padrões estéticos e de utilização de materiais e equipamentos de procedência tecnológica estrangeira, se constituíram em elementos importantes do processo de abertura da economia nacional ao capital multinacional, em particular no que diz respeito ao mercado da construção civil.Abstract This paper presents the arquitectural critique of a specific group of edifications built in the city of Fortaleza during the period of the military governments in Brazil. The character of the architecture developed by the military government in public buildings in this period is common all over the country: the facilities were built to with the intention to occupy the cities as out-doors of the military governments, diffusing images of modernization, rationality, economic development and the power of the state.   Through the use of architectural language, by the means of design, project, materials, forms and other ways, the architecture of the public sector played the role of ideology, besides introducing imported materials and equipment previously unused in the building sector of the country.

Effect of the Criminal Law on Military Personnel Who Committed Crimes outside the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 105-112
Author(s):  
I. А. Kazarinov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Military Personnel ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Treaties ◽  
Literary Sources ◽  
The Russian Federation ◽  
The Military ◽  
Military Units

The effect of the Criminal Code of the Russian Federation on military units stationed outside the Russian Federation is regulated by part 2 of article 12 of the Criminal Code, the interpretation and application of which causes a number of significant theoretical and applied problems. Based on the analysis of normative acts, international treaties and literary sources the article reveals the model of international legal regulation of responsibility of Russian soldiers; the reis a motion on the harmonization of the international norms which define the conditions of criminal jurisdiction of the Russian Federation in the military; certain private issues ofa pplication of the Criminal Code of the Russian Federation in a situation when a military person commits a crime outside the Russian Federation are resolved.

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