scholarly journals What should be the judicial system of Ukraine?

2018 ◽  
Vol 20 (86) ◽  
pp. 121-124
Author(s):  
B. Kolos ◽  
N. Lobaz
Keyword(s):  
State Government ◽  
Practical Experience ◽  
The Body ◽  
Judicial System ◽  
The World ◽  
Working People ◽  
State Governance ◽  
The Government ◽  
The Right ◽  
Or Organization

The article outlines the proposed model for Ukraine of a new highly effective judicial system in which corruption and bribery will be impossible. It will be transparent, understandable, fair, transparent and accountable to Ukrainian citizens. After all, Ukraine has been shocking for the third decade by a mess in the state-government system. These are chaotic actions by government officials, the police, the SBU, the prosecutor's office and the courts. Therefore, this problem is complex. Because the occurrence of a problem in any process means that managing it is wrong. That is why Ukraine needs such a system of state governance based on the foundations of fundamental social sciences. Among the processes of public administration is a special place in the judicial system, designed to maintain justice in society. The system of democracy means that there should not be any official, enterprise or organization, uncontrolled and non-accountable community on the territory of the settlement! That is, the entire community, as the supreme authority in its territory, should be appointed, controlled, dismissed and punished for the offense by all the government positions, including the police, the prosecutor's office, the SBU, the courts. In this situation, double-no subordination must act. For example, a policeman should be administratively subordinated to the community, and methodically – the Ministry of Internal Affairs of Ukraine. After all, without exception, the governing bodies are obliged to ensure the freedom, rights, security and supreme power of the members of the community and the implementation of the National Idea. Therefore, the communities of the settlement are not in the right to impose any rulers from the outside. Because this is a dictatorship, not democracy. Therefore, the hierarchy of the judicial system in Ukraine should be built from below to the top. That is, from communities of settlements. For judges at these levels, they must vote in person. In the settlements, the entire community should be elected by the World Judges who are required to resolve the conflicts at the inception stage on the initiative of one, all conflating parties or third parties whose rights have been violated. The next instance should be the Local Court of the settlement, elected by the community. He should consider cases that were not resolved by the World judges, with their compulsory written conclusions. In the case of a judge of the Local Court, an Appellate Commission of the community of the village, in compliance with the freedoms, rights, security and supreme power of the person and the current legislation, shall consider the case of an unlawful decision. For making an illegal decision, the Commission has the right to impose on a judge and at the same time on the head of the court: a disciplinary sanction; dismiss from positions, deprive of all statuses and privileges; to prosecute them without the right to occupy any position related to legal activity for life. The highest judicial body should be the relevant Chamber of the Supreme Court of Ukraine. Judges of all levels must be selected on a competitive basis on the level of morality, on-national patriotic level, legal education and practical experience in legal work. The rest of the autonomous judicial structures must be eliminated as such, which rests on the body of the working people. Indeed, each judicial authority can, without any obstacles, have in its subordination the necessary sectoral Chambers.

ANALISIS YURIDIS NORMATIF PUTUSAN PERKARA MAHKAMAH AGUNG KONSTITUSI RI No. 004/PUU-II/2004

2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono
Keyword(s):  
The Body ◽  
Supreme Courts ◽  
Military Justice ◽  
State Administration ◽  
The Supreme Court ◽  
Directorate General ◽  
The Government ◽  
Government Rules ◽  
The Right ◽  
Tax Court

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

Twitter users exhibited coping behaviours during the COVID-19 lockdown: an analysis of tweets using mixed methods

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ruchi Mittal ◽  
Wasim Ahmed ◽  
Amit Mittal ◽  
Ishan Aggarwal
Keyword(s):  
Data Analysis ◽  
The Body ◽  
Data Set ◽  
Content Type ◽  
Twitter Data ◽  
Long Run ◽  
The World ◽  
Twitter Users ◽  
The Government ◽  
Using Data

Purpose Using data from Twitter, the purpose of this paper is to assess the coping behaviour and reactions of social media users in response to the initial days of the COVID-19-related lockdown in different parts of the world. Design/methodology/approach This study follows the quasi-inductive approach which allows the development of pre-categories from other theories before the sampling and coding processes begin, for use in those processes. Data was extracted using relevant keywords from Twitter, and a sample was drawn from the Twitter data set to ensure the data is more manageable from a qualitative research standpoint and that meaningful interpretations can be drawn from the data analysis results. The data analysis is discussed in two parts: extraction and classification of data from Twitter using automated sentiment analysis; and qualitative data analysis of a smaller Twitter data sample. Findings This study found that during the lockdown the majority of users on Twitter shared positive opinions towards the lockdown. The results also found that people are keeping themselves engaged and entertained. Governments around the world have also gained support from Twitter users. This is despite the hardships being faced by citizens. The authors also found a number of users expressing negative sentiments. The results also found that several users on Twitter were fence-sitters and their opinions and emotions could swing either way depending on how the pandemic progresses and what action is taken by governments around the world. Research limitations/implications The authors add to the body of literature that has examined Twitter discussions around H1N1 using in-depth qualitative methods and conspiracy theories around COVID-19. In the long run, the government can help citizens develop routines that help the community adapt to a new dangerous environment – this has very effectively been shown in the context of wildfires in the context of disaster management. In the context of this research, the dominance of the positive themes within tweets is promising for policymakers and governments around the world. However, sentiments may wish to be monitored going forward as large-spikes in negative sentiment may highlight lockdown-fatigue. Social implications The psychology of humans during a pandemic can have a profound impact on how COVID-19 shapes up, and this shall also include how people behave with other people and with the larger environment. Lockdowns are the opposite of what societies strive to achieve, i.e. socializing. Originality/value This study is based on original Twitter data collected during the initial days of the COVID-19-induced lockdown. The topic of “lockdowns” and the “COVID-19” pandemic have not been studied together thus far. This study is highly topical.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

scholarly journals INDUSTRY REVOLUTION 4.0 : STRENGHTHENING THE CREATIVE ECONOMY SECTORS THROUGH BEKRAF IMPLEMENTATION PROGRAMS

2020 ◽  
Vol 5 (01) ◽  
pp. 84-108
Author(s):  
I Wayan Aditya Harikesa
Keyword(s):  
Social Inclusion ◽  
Creative Industries ◽  
Creative Economy ◽  
The World ◽  
Close Cooperation ◽  
Economic Foundation ◽  
The Government ◽  
Small Medium Enterprises ◽  
The Right ◽  
Medium Enterprises

President Joko Widodo or Jokowi has made a great leap in enhancing Indonesia�s Small Medium Enterprises (SME)s and the country�s overall creative industries by establishing a new non ministerial institution called Badan Ekonomi Kreatif (BEKRAF) or the Creative Economy Agency. The BEKRAF, established under the Presidential Regulation Number 6 of 2015 issued on January 20, 2015, is responsible for accelerating the development of creative economy in Indonesia. Small Medium Enterprises (SMEs) have been playing crucial roles for generating economic progresses as well as social inclusion in Indonesia. Among the most important and worthy of priority is the country�s creative economy. The existence of BEKRAF will enhance close cooperation between the government, SMEs players and related economic stakeholders. This paper aims to assess the concept of �Creative Industries,� as a boundary concept that allows for increased co-operation between players and the generally opposing knowledge concepts�as reflected in their respective knowledge and cultural politics. Indonesia has great potential in terms of economic growth. In 2015, Indonesia�s Gross Domestic Product (GDP) rocketed to 4.79 percent, far above the previous expectation of only 2.4 percent. This encouraging climate is indeed the right moment for the government to strengthen the country�s economic foundation particularly in the real economic sector. Hence, BEKRAF has a vision to build Indonesia as one of the world�s great economic powers in the field of creative economy by 2030. This issue will be discussed comprehensively in the final part of the paper.

scholarly journals Sanksi Pidana terhadap Guru yang Melakukan Tindak Penganiayaan kepada Murid saat Proses Pembelajaran

2020 ◽  
Vol 1 (1) ◽  
pp. 44-50
Author(s):  
Anak Agung Ngurah Adhi Wibisana ◽  
I Made Sepud ◽  
I Made Minggu Widyantara
Keyword(s):  
Learning Process ◽  
Teaching Methods ◽  
Criminal Code ◽  
The Body ◽  
Data Sources ◽  
Criminal Sanctions ◽  
The World ◽  
Pros And Cons ◽  
The Right ◽  
Laws And Regulations

Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.

scholarly journals Les grèves de médecins en République Démocratique du Congo : quels repères éthiques généralisables?

2019 ◽  
Vol 2 (2) ◽  
pp. 63-72
Author(s):  
Laurent Jean-Claude Ravez ◽  
Stuart Rennie ◽  
Robert Yemesi ◽  
Jean-Lambert Chalachala ◽  
Darius Makindu ◽  
...  
Keyword(s):  
Working Conditions ◽  
Democratic Republic Of Congo ◽  
Medical Profession ◽  
Moral Obligations ◽  
Almost Everywhere ◽  
Vulnerable Patients ◽  
The World ◽  
The Government ◽  
The Right ◽  
Minimum Quality

For several years, the Democratic Republic of Congo has been the scene of strikes by the country’s doctors. The strikers’ demands are essentially financial and statutory and are intended to put pressure on the government. In this country, as is the case almost everywhere in the world, medical strikes are allowed. Every worker has the right to denounce by strike working conditions that are considered unacceptable. But are doctors just like any other workers? Do they not have particular moral obligations linked to the specificities of their profession? To shed light on these questions, the authors of this article propose three essential moral benchmarks that can be generalized to medical strike situations elsewhere in the world. The first concerns the recognition of the right to strike for doctors, including for strictly financial reasons. Health professionals cannot be asked to work in inhuman working conditions or without a salary to support their families. The second benchmark argues that it is unacceptable for this right to strike to be exercised if it sacrifices the most vulnerable patients and thus denies the very essence of the medical profession. A third benchmark complicates the reflection by reminding us that the extreme dilapidation of the Congolese health system makes it impossible to organise a minimum quality service in the event of a strike. To overcome these difficulties, we propose a national therapeutic alliance between doctors and citizens to put patients back at the centre of the health system’s concerns.

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

From Sustainability to Flourishing

2017 ◽  
pp. 147-166
Author(s):  
James Miller
Keyword(s):  
Practical Experience ◽  
The Body ◽  
Political Order ◽  
Human Species ◽  
Ecological Civilization ◽  
Nature And Culture ◽  
The Social ◽  
Local Contexts ◽  
The World

An ecological civilization is one in which the social, cultural, and political order is rooted in the capacity of nature to promote the flourishing of the human species. The Daoist tradition offers four insights that can help promote this: (1) an aesthetics of flourishing founded on the practical experience of the world in the body; (2) an ethic of flourishing founded on the mutual porosity and vulnerability of the world and the body; (3) a politics of flourishing founded on a democracy of local contexts; (4) a spirituality of flourishing founded on religious themes of consumption, violence, death, and transcendence. Altogether this produces a vision of flourishing based on overcoming the modern dichotomies of self and world, matter and spirit, nature and culture.

The Proposed International Hotelkeeper's Contract …Does it Benefit Anyone?

1985 ◽  
Vol 9 (2) ◽  
pp. 53-62
Author(s):  
Francis X. Brown
Keyword(s):  
International Institute ◽  
Private Law ◽  
The World ◽  
The Government ◽  
The Right

The International Institute for the Unification of Private Law proposed that an International Hotelkeeper's Contract be signed by all nations so that innkeeping laws be consistent throughout the world. The benefit to innkeepers is the right to sue guests who fail to use the agreed upon accommodations for a percentage of the first seven days rent if the innkeeper can prove actual damages. The disadvantage to the innkeeper is the responsibility for all guest property up to 500 to 1, 000 times the daily room rate. Lined up against the proposed contract are both the International Hotel Association and the American Hotel and Motel Association. In favor of the contract are the government representatives who voted for it. The paper discusses the seeming inconsistencies between the groups.

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