scholarly journals Nusikalstamos veikos sudėties požymio samprata ir ją lemiantys veiksniai

Teisė ◽  
2012 ◽  
Vol 82 ◽  
pp. 198-214 ◽  
Author(s):  
Paulius Veršekys
Keyword(s):  
Rule Of Law ◽  
The Body ◽  
The Rule Of Law ◽  
General Conception ◽  
Formal Principle ◽  
Constituent Feature ◽  
Main Factors ◽  
Similarities And Differences ◽  
Theoretical Issues

Straipsnyje analizuojama nusikalstamos veikos sudėties požymio teorinė problematika. Aptariama bendroji požymio samprata, nusikalstamos veikos sudėties požymio panašumai ir atskyrimas nuo požymių, apibūdinančių nusikalstamą veiką, sudarančių baudžiamojo įstatymo straipsnio ar baudžiamosios teisės normos dalis, taip pat sistemiškai išskiriami veiksniai, labiausiai formuojantys ir lemiantys nusikalstamos veikos sudėties požymio turinį. Tarp tokių veiksnių minimi ir išsamiai aprašomi teisės technikos, formaliojo nullum crimen sine lege principo, teisės aiškinimo ir jo ribų reikalavimai.The article analyzes the theoretical issues of the constituent feature of the body of criminal act. The author discusses about the general conception of the feature, the similarities and differences between the constituent features of the body of criminal act and the features of the article, the rule of law and the offence. There are also systematically identified the main factors that mostly affect the content of the feature in the article. Among these factors there are mentioned and described in detail the requirements of the legal technique, the formal principle of nullum crimen sine lege, the interpretation of law and its limits.

Rule of law and preventing fraud in Nigeria’s capital market

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Uchechukwu Nwoke ◽  
Ibenaku Harford Onoh
Keyword(s):  
Rule Of Law ◽  
Capital Markets ◽  
Capital Market ◽  
Critical Evaluation ◽  
Subject Area ◽  
The Body ◽  
Content Type ◽  
The Rule Of Law ◽  
Body Of Knowledge ◽  
Fresh Insight

Purpose The purpose of this paper is to critically analyse the correlation between the rule of law and the efficient functioning of capital markets. It attempts to examine the Nigerian capital market and how the rule of law can be used to prevent fraud and promote the proper functioning of the market. Design/methodology/approach The paper adopts the doctrinal approach through a critical evaluation of concepts. Using existing literature in the subject area, it evaluates the inter-connectedness between law and the capital market and how the rule of law is an important instrument in capital market development. Findings The paper finds that there have been numerous infractions of the rule of law by capital market actors, leading to stultification in the growth and development of this sector of the Nigerian economy. Originality/value The paper offers a fresh insight into the correlation between the rule of law and capital markets. By critically assessing the inter-connectivity between the two concepts, it extends the body of knowledge in this area by showing how the operations of the Nigerian capital market could be improved through the proper application of the rule of law.

scholarly journals Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 75
Author(s):  
Herlambang Perdana Wiratraman ◽  
Sébastien Lafrance
Keyword(s):  
Rule Of Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Artistic Expression ◽  
Fundamental Freedom ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
Effective Role ◽  
Similarities And Differences

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

scholarly journals ЗАСТОСУВАННЯ ТА ІНТЕРПРЕТАЦІЯ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА У КОНСТИТУЦІЙНОМУ ПРАВОСУДДІ

2019 ◽  
Vol 13 ◽  
pp. 41-49
Author(s):  
О. І. Махніцький
Keyword(s):  
Rule Of Law ◽  
Social Problems ◽  
The Body ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional Justice

Стаття присвячена проблемам застосування та інтерпретації принципу верховенства права в конституційному правосудді. Автор аналізує інтерпретаційну практику Консти­туційного Суду України та доктринальні позиції органу конституційної юрисдикції щодо сутності та змісту верховенства права. Робиться висновок щодо вирішального значення принципу верховенства права у діяльності органу конституційної юрисдикції з метою гарантування верховенства Конституції України як Основного Закону держави на всій території України, а також резюмується, що діяльність Конституційного Суду України щодо відправлення конституційного судочинства сьогодні пов'язана з необхідністю ви­рішення складних суспільних проблем, пошуком та визначенням «розуміння» права взагалі та верховенства права зокрема.   The article is dedicated to the Implementation and Interpretation of rule of law principle in Constitutional Justice. The author analyzes interpretation practices of the Constitutional Court of Ukraine and doctrinal positions of the body of Constitutional Justice in relation to the essence and content of the rule of law. The author comes to the conclusion about the utmost significance of the principle of rule of law in the work of the body of Constitutional jurisdiction to ensure supremacy of Ukrainian Constitution as the Supreme Law on the territory of Ukraine. In summary the author states that all activities of the Constitutional Court today are aimed at the necessity to resolve complex social problems and the need to comprehend the notion of law and rule of law in particular.

scholarly journals RELIGIONS IN THE CONSTITUTION OF ASEAN COUNTRIES: The Rule of Law and Welfare Concept

2021 ◽  
Vol 1 (1) ◽  
pp. 37-46
Author(s):  
Asari Taufiqurrohman
Keyword(s):  
Rule Of Law ◽  
Basic Type ◽  
The State ◽  
The Body ◽  
The Other ◽  
Nation State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Approach Method ◽  
Asean Countries

The study of the constitution could not be covered by the scope of one state only, but also  compare it with others. To strengthen cooperation between ASEAN community, we should understand the constitutional concept which follows the rule of law. Even adopted by the majority of nation-state according to with their basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution of the ASEAN countries by using normative legal research, with emphasizes result by comparison among countries. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the welfare concept in ASEAN countries with various theories of laws. The approach method is related to doctrinal legal research.

scholarly journals Legal Analysis of the Exemption of Iranian Red Crescent Relief Workers from Compensation for Traffic Accident Injuries

2021 ◽  
pp. 177-187
Keyword(s):  
Rule Of Law ◽  
Digital Libraries ◽  
Civil Liability ◽  
The Body ◽  
Main Question ◽  
Legal Analysis ◽  
Aid Workers ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Main Basis

INTRODUCTION: The main activities of the Red Crescent rescuers are to rescue and release the injured. Most of the actions of these forces in road accidents cause damage to the body and rights of injured persons and third parties. These damages, which are required to carry out the activities of the relief force, are allowed subject to the normal damage; however, they are responsible for the damages that result from their indulgence and misappropriation. The main question is "What are the legal principles of exemption of relief workers from civil liability and how is it possible to combine the protection of the rights of the victims toward their bodies, lives, and property with supporting the good intentions and actions of the aid workers and performing their legal duties? METHODS: This descriptive-analytical research describes the subjects or phenomena and their conditions and elements. Considering that to conduct research and explain the content, the provision of legal analysis is based on the analytical method, the method of data analysis is also based on the logical analysis. In this research, documents at traditional and digital libraries were used for data collection and note-taking was employed as the tool to gather data. FINDINGS: This study, through contrasting the two ideas of protecting aid workers and the rights of victims to physical integrity, aimed to destabilize the relief workers' exemption based on such principles as beneficence, rule of law, urgency, and benevolent intervention and determine the limits and conditions of such exemption to ensure that the guaranteed rights of the injured individuals are not violated on their bodies and property. CONCLUSION: It seems that the rule of law is the only basis that can always justify the relief workers' exemption from civil liability and other justifiable factors cannot always be compatible with the situation of relief workers. According to the rule, beneficence, the rule of law, benevolent intervention, and urgency can be considered factors in exempting relief workers. However, matching the situation of the rescuers with the justifiable factors shows that the main basis of the rescuers' exemption is the rule of law, which gives them the authority and duty to carry out rescue operations, and the necessary damages to rescue the injured is based on the rule of "permission in the object results in permission in its consequences".

scholarly journals Action factors of work motivation of prosecutors

2016 ◽  
Vol 6 (1) ◽  
pp. 132-139
Author(s):  
M.V. Kroz
Keyword(s):  
Rule Of Law ◽  
Professional Growth ◽  
Employment Status ◽  
Work Motivation ◽  
Related Factors ◽  
The Rule Of Law ◽  
The Poor ◽  
Self Actualization ◽  
Main Factors ◽  
The Individual

The article presents the results of three studies (2000-01, 2009 and 2014) of activity-related factors that have a significant impact on prosecutors work motivation. As part of the questionnaire respondents (more than a thousand public prosecutors of different sex, age, employment status and place of service) were offered to complete the unfinished sentence, stating the reasons for the attractiveness of their work. The results showed that the main factors stably defining prosecutors professional motivation (80% of responses) were socially-oriented nature of the work, its focus on strengthening the rule of law in the country, helping people, especially the poor, disadvantaged groups of population, as well as the ability to meet the basic needs of the individual employee. (Self-actualization, creativity, professional growth, and others.). Other answers (high wages, the prestige of the profession, stability and others.) were given much less. The problem of the reliability of the data and an impact of social desirability were discussed.

scholarly journals PERUBAHAN RUMUSAN PASAL 1 AYAT (2) UUD 1945, IMPLIKASI DAN IMPLEMENTASINYA DALAM KETATANEGARAAN

2018 ◽  
Vol 1 (2) ◽  
pp. 153
Author(s):  
Anwar Cengkeng
Keyword(s):  
Rule Of Law ◽  
Descriptive Analysis ◽  
The Rule Of Law ◽  
Is Implementation ◽  
General Conception ◽  
State Body

Problem identified in this research are as mentioned in the following. First, how is sovereignty conception according to article 1 sub article (2) of 1945 Constitution? Second, how is implication of change in article 1 sub article (2) of 1945 Constitution state body that had mandate to perform the sovereignty? And third, how is implementation of sovereignty 1 sub article (2) of 1945 Constitution to the Indonesia constitution system? This research included in the category of normative law research and descriptive analysis in nature. The result of the dissertation are as mentioned in the following, First, the sovereignty of conception adopted in the 1945 constitution is sovereignty of the God, state, peoples, and law. Second, the change of formulation of article 1 sub article (2) 1945 constituion has implications on state body of sovereignty performance. Third, in general conception of sovereignty, according to article 1 sub article (2) 1945 constitution, implementation have in Indonesia constitution system, good in arrangement of paintbrush institute state in 1945 constitution, and also in so many act, except in its bearing with authority of DPR and DPD. Kata Kunci: kedaulatan, demokrasi, dan the rule of law.

Hanging for Felony: the Rule of Law in Elizabethan Colchester

1978 ◽  
Vol 21 (4) ◽  
pp. 763-782 ◽  
Author(s):  
Joel B. Samaha
Keyword(s):  
Rule Of Law ◽  
Indirect Evidence ◽  
The Body ◽  
The Rule Of Law ◽  
Intensive Investigation ◽  
Wide Awake

Just after midnight on 24 January 1577, Alice Neate crept into a bedchamber at the New Hythe in Colchester and slit her sister-in-law's throat. She wrapped the body in a red blanket and dragged it out into the woodhouse yard where it was discovered the following morning. An intensive investigation immediately ensued. All the chief suspects except Alice Neate, namely neighbours who had visited the Neate cottage on the evening prior to the murder, satisfactorily established their innocence. The testimony against Alice was overwhelming. Even her husband conceded that his sister had been murdered and prayed, ‘God save [my] wife!’ To be sure it was only indirect evidence, yet nonetheless damaging because it came from her own husband. Her daughter Abigail's testimony, however, was utterly devastating. At first steadfastly maintaining her mother's innocence, Abigail's support collapsed when under pressure of ‘straight examination’ she finally admitted that her mother had persuaded her to conceal clear proof of the homicide. Abigail shared the bedchamber with her murdered aunt, and since she had been wide awake during the killing had been an eyewitness to the whole bloody tragedy. If that was not enough, Alice also had a clear motive. Her hatred of her sister-in-law was well known and stemmed from her belief that the murdered woman had herself murdered two of Alice's children. On the basis of this overwhelming case against her, Alice Neate was committed to prison where she was held until the next gaol delivery at which she was duly prosecuted, convicted and sentenced to hang for murder, according to the blood law of felony.

scholarly journals PARTICIPATION OF INDIVIDUALS IN PUBLIC DECISIONS IN THE POLISH LEGAL SYSTEM-THE OUTLINE

2020 ◽  
Vol 1 ◽  
pp. 21-27
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Text Analysis ◽  
Good Governance ◽  
The Body ◽  
The Rule Of Law ◽  
Decision Making Processes ◽  
Polish Law ◽  
The Relationship

The idea of good governance is associated with the postulate of participatory and interactive democracy. This results in the appearance in the legal system of solutions reflecting the recommendations of the so-called "good administration." Good administration is the subjective right which, in the relationship between the body and the citizen, defines the individual's rights and the duties of the administration to act in a particular way. It may be interpreted differently, but it must comply with universal standards. They have been defined in international, European and soft law. These include the rule of law, equality, administrative transparency, confidence and trust, as well as the opportunity to participate in decisions. The last of these relates to procedures for involving citizens in administrative decision-making. The purpose of the article is to present normative solutions in Polish law that guarantee citizens participation in decision-making processes at various levels of administration and their systematics. To achieve this goal, the method of legal text analysis was used, which allows us to indicate the existence of many different mechanisms of participation. Their presence in Polish law determines the varying levels of civic influence on public decisions.

scholarly journals Mahkamah Konstitusi di Beberapa Negara Perspektif Perbandingan Hukum

2019 ◽  
Vol 6 (1) ◽  
pp. 83
Author(s):  
Andi Safriani
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional State ◽  
Similarities And Differences ◽  
The Law

Konsep negara hukum juga disebut sebagai negara konstitusional atau constitusional state, yaitu negara yang dibatasi oleh konstitusi. Semua konstitusi selalu menjadikan kekuasaan sebagai pusat perhatian, karena kekuasaan itu sendiri pada intinya memang perlu diatur dan dibatasi sebagaimana mestinya. Untuk menjamin konstitusionalitas pelaksanaannya baik dalam bentuk aturan hukum maupun tindakan penyelenggara negara berdasarkan ketentuan undang-undang, dibentuklah Mahkamah Konstitusi. Kewenangan Mahkamah Konstitusi antara suatu negara dengan negara lain tentunya memiliki persamaan dan perbedaan. The Concept of the rule of law too as a constitutional state. All constitutions always make power the center of attention. Because power itself in essence really needs to regulated and limited to ensure the quality of its implementation in the form of rules and the actions of states administrators based on the provisions of the law a constitutional court was formed. The Authority of the constitutional court between a country and another country certainly has similarities and differences.          

Sign in / Sign up

Export Citation Format

Share Document