scholarly journals THE PROBLEM OF APPLICATION OF THE LEGISLATION ON CONSIDERATION OF THE QUESTIONNAIRE OF THE INFRINGEMENT TO THE COURT

2019 ◽  
pp. 129-133 ◽  
Author(s):  
Ye. S. Vorobiei ◽  
Ye. A. Kobrusieva ◽  
S. S. Fedorishchev
Keyword(s):  
Legal Liability ◽  
Fair Trial ◽  
The State ◽  
Complete List ◽  
Clear Definition ◽  
Time Limits ◽  
Definition Of ◽  
The Right

The article deals with issues of disrespect to the court and the problems of the application of legislation aimed at preventing and terminating this phenomenon. Proposals for elimination of certain shortcomings of the current legislation are given. The approaches of scholars to the definition of “contempt of court” are analyzed and what enforcement measures are applied in accordance with the current legislation in case of committing administrative offenses of this category. The authors emphasize that today in the legislation of Ukraine there is no separate normative legal act that would determine the complete list of acts that fall under the definition of “disrespect to the court” and the range of responsible ones. It is shown that contempt of the court may be manifested both in the form of active actions and in the form of inactivity. Thus, active actions indicating disrespect for the court include the failure of the witness, the victim, the plaintiff, the defendant and other citizens to order the presiding judge, the violation of the order in the court, as well as the commission of any actions that indicate an obvious neglect of the court or established in court rules. The forms of inactivity include the absence of participants in the trial in court, which is one of the main reasons for the breach by the courts of Ukraine of time-limits for the consideration of cases of different categories by the courts of Ukraine. In general, the spread of disrespect to the court, the avoidance of guilty parties legal liability for such an offense, the lack of adequate premises for the courts, etc., lead to a failure by the Ukrainian state to fulfill its obligations to ensure the right to a fair trial. It is concluded that the state of respect for the courts and judges in Ukraine, in particular, is generally negative in Ukraine. The existing provisions of national law governing liability for disrespect to the court have rather modest forms of punishment. Therefore, in our opinion, it is expedient to further elaborate the outlined issues for a clear definition of the notion of “disrespect for the court” and the introduction of the rules of conduct of citizens in court common to all courts.

scholarly journals Criteria for the effectiveness of normative legal regulation of the right to freedom of creativity in Ukraine

2020 ◽  
pp. 62-66
Author(s):  
Natalia Opolska
Keyword(s):  
Cultural Values ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Clear Definition ◽  
Creative Activity ◽  
Intellectual Activity ◽  
Definition Of ◽  
The Right ◽  
Political Realities

The article presents the result of determining the effectiveness of normative legal regulation of the right to freedom of creativity. It is established that the criteria of effectiveness are: a) the perfection of legal regulation of the right to freedom of creativity; b) conformity of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities, possibilities of exercising the norms of the right of creative competences enshrined therein and their protection in court; c) reduction of imperative, imperative methods of regulation by increasing the dispositive methods; d) a clear definition of the types of legal responsibility for the violation of the right to freedom of creativity. As a result of the theoretical modeling of the evaluation of the effectiveness of the normative legal regulation of the right to creativity in Ukraine, it is proposed to amend the legislation. It is proved that Article 54 of the Constitution of Ukraine should be set out in the following wording: types of intellectual activity. Everyone is guaranteed the right to the results of his intellectual, creative activity; no one may use or distribute them without his or her consent, except as provided by law. The state contributes to the development of all kinds of creative activity, establishing appropriate ties of Ukraine with the world community. Cultural heritage is protected by law. The state ensures the preservation of historical monuments and other objects of cultural value, takes measures to return to Ukraine cultural values of the people who are beyond its borders. " It is substantiated that these changes will enhance the effectiveness of ensuring the right to freedom of creativity in terms of creating a scientifically sound system of legislation and its ability to ensure that the real needs and interests of the subjects of law are harmonized. The inconsistency of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities has been proved. There is a lack of effective socio-economic support for creators, creative unions and associations. It is substantiated that tendencies of socio-economic development should be directed to the development of science, technology, and culture. It is noted that the absence of a definition of the concept of academic responsibility in the legislation testifies to the lack of a clear definition of the types of legal responsibility for violations in the field of the right to creative work.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

Legislative Department

2020 ◽  
pp. 73-104
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Legislative Authority ◽  
The People ◽  
Definition Of ◽  
The Right ◽  
Supreme Court Rulings ◽  
The U.S

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.

Questions about CLIL which are unfortunately still not outdated: A reply to Pérez-Cañado

2019 ◽  
Vol 10 (4) ◽  
pp. 591-602 ◽  
Author(s):  
Anthony Bruton
Keyword(s):  
The State ◽  
Moving Target ◽  
Clear Definition ◽  
State School ◽  
School Students ◽  
Research Issues ◽  
Definition Of ◽  
A Minor

AbstractThis response to Pérez-Cañado’s (2017) disappointing defence of CLIL interests insists on the need for a clear definition of CLIL not only so that it can be characterised for comparative purposes, but also so that the fundamentals underlying it can be scrutinised, instead of the continued hedging of bets on a moving target, justified for its contextual flexibility. As an example, whether CLIL classes are accompanied by FL classes on the curriculum or not is not a minor issue, both practically and theoretically. In addition other questions are reconsidered such as the communicative nature of CLIL, especially when it comes to whether the content is likely to be more motivating, and the supposed egalitarianism of CLIL initiatives. Finally, two research issues are discussed. Firstly, an example demonstrates how it is perfectly legitimate to critique empirical CLIL research which argues apparently beneficial results from a ‘due to’ stance by countering it with ‘despite’ arguments, while leaving much of the flawed CLIL research aside. Secondly, there is a reiterated demand that disinterested research at a curricular level confront outcomes in both the FLs and the content covered in CLIL programmes for all the state-school students affected both directly or indirectly, and in comparable terms.

The United Nations and the Evolving Right to Self-Determination

1998 ◽  
Vol 47 (3) ◽  
pp. 537-572 ◽  
Author(s):  
Helen Quane
Keyword(s):  
United Nations ◽  
Self Determination ◽  
Clear Definition ◽  
Theoretical Interest ◽  
The United Nations ◽  
Definition Of ◽  
The Right ◽  
Practical Implications ◽  
Elusive Concept

The right of peoples to self-determination is an elusive concept. There is no clear definition of “peoples” or of what the right entails. Instead, there are numerous and at times conflicting interpretations of self-determination. The existence of these various interpretations is not merely of academic or theoretical interest. It can have considerable practical implications.

Citizenship V. Territory: Explaining the Scope of the Criminal Law

2010 ◽  
Vol 13 (2) ◽  
pp. 427-448
Author(s):  
Alejandro Chehtman
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fair Trial ◽  
The State ◽  
Universal Jurisdiction ◽  
Collective Interest ◽  
International Crimes ◽  
The Right ◽  
Meaningful Role ◽  
Antony Duff

Antony Duff and his coauthors have influentially argued that citizenship plays a central role in accounting both for the way in which the state makes individuals criminally responsible for certain wrongs and for calling them to answer for their wrongs. This paper takes issue with this citizenship-based understanding of the scope of the criminal law. It argues that Duff's model of civic criminal liability faces difficulties in explaining states' right to punish foreigners for crimes committed on their territory, and sits very uncomfortably with states claiming universal jurisdiction over international crimes. In contrast, it advocates a territorial conception of the criminal law. It suggests that to account for the allocation and scope of the right to punish, we need to look at the (collective) interest of those individuals who actually are in the territory of a particular state, not merely its citizens. Finally, it examines whether the notion of citizenship plays any meaningful role in a convincing account of the authority of the state to try an offender. Contra Duff and others, it argues that this authority rests exclusively on defendants receiving a fair trial and a verdict based on reliable evidence.

scholarly journals History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification

2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko
Keyword(s):  
The State ◽  
Educational Process ◽  
State Institute ◽  
Law Faculty ◽  
National University ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Definition Of ◽  
The Right

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

Poulantzas lesen. Zur Aktualität marxistischer Staatstheorie

2009 ◽  
Vol 17 (4) ◽  
pp. 143-156
Author(s):  
Julian Müller
Keyword(s):  
State Theory ◽  
The State ◽  
Political Strategy ◽  
Democratic Socialism ◽  
Capitalist State ◽  
Subject Areas ◽  
Balance Of Forces ◽  
Definition Of ◽  
The Right ◽  
Supranational Institutions

AbstractThis review discusses a collection of papers on Nicos Poulantzas's contribution to Marxist state-theory and socialist strategy. Chapters are grouped into three subject-areas: theory and method; globalisation; political strategy. Particular attention is paid to Poulantzas's definition of the state and methodology for investigating concrete state-forms. Poulantzas gives primacy to the balance of forces between classes, which raises two questions: Should his approach be integrated with theories which emphasise the formal aspects of the capitalist state? Can power-relations other than those between classes be integrated into a Poulantzian framework? Poulantzas's work is also relevant to the study of globalisation and supranational actors. First, his investigations of the internationalisation of capital and different fractions of the bourgeoisie help us analyse developments since the 1970s. Second, his theory of the state and its functions provide a benchmark for assessing to which degree national states have been superseded by inter-/supranational institutions such as the EU. Regarding political strategy, the focus is on the path towards democratic socialism. Questions raised concern primarily the right mixture of struggles inside and outside the institutions of parliamentary democracy.

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