LEGAL COMMENTS IN RELATION TO THE LATGALIAN WRITING LANGUAGE AS A HISTORICAL VARIETY OF LATVIAN

Via Latgalica ◽  
2012 ◽  
pp. 116
Author(s):  
Agris Bitāns
Keyword(s):  
Foreign Language ◽  
Legal Status ◽  
The State ◽  
Official Language ◽  
Legal Basis ◽  
Literary Language ◽  
Local Authorities ◽  
The Republic ◽  
Language Law ◽  
Formal Communication

<p>The paper is aimed at provision of legal assessment of the Latgalian language as a variant of Latvian, using mainly the analytical and historical method.</p><p>Notwithstanding the fact that the Official Language Law recognizes that the Latgalian language is a variant of the Latvian language, there is no absolute clarity with regard to the status of this language and its practical use in formal communication. Also the attitude from public authorities is inexcusably inappropriate – as far as declaring the Latgalian language to be a foreign language. However, from historical point of view the Latgalian language was recognised and applied in official communication, including also judicial proceedings, in Latgale.</p><p>Positive evaluation has to be given to the discussion, which has been opened with regard to the Latgalian language and its legal status. It should be noted with satisfaction, that their significant contribution is provided also by Latvians from other regions, and edition of „Jurista Vārds” („Lawyer’s Word”), dated 25 October 2011, is a good confirmation. However, the practice is indicative that there is no clarity with regard to legal status of the Latgalian language and its practical use in formal communication. Currently existing approach of the approved establishments on Latvia results from historical prejudices and ignorance.</p><p>Existence of a number of languages as official state languages is nothing exceptional, and also the dialects or vernaculars may be constitutionally protected and their use can be defined. In evaluation of the constitutional framework also in other countries, a conclusion should be drawn that proper normative strengthening and daily use of the Latgalian language constitutes no threat to the official language. On the contrary, it could be a basis for raising confidence in Latgale, as well as in other regions. Linguistic diversity is the national cultural and historical heritage, which is worth a special appreciation and protection.</p><p>Although nomenclative designation of the Latgalian language (language of Latgale) should be specified, it is much more important to come to understand the content of this concept in order to clearly denote the language, which is spoken not only in the region of Latgale of the contemporary Latvia, but also beyond, preserving for the language its historic roots.</p><p>The Latgalian language was recognized to be one of the cornerstones in foundation of the Latvian state when the Latvian state was founded, and it was consistently respected also after the Republic of Latvia was proclaimed. In the normative field forgetting or disregarding of the Latgalian language has started to be present only after K. Ulmanis’ coup, while depriving the Latgalian language of its legal status and regulation.</p><p>With the Official Language Law the Republic of Latvia in a normative way has demonstrated its special attitude towards the Latgalian language. The State has determined not only to protect and at the same time to regulate the Latgalian language, but has assumed even larger active obligation to maintain and to develop the Latgalian language.</p><p>There are neither legal nor linguistic or logical grounds to declare the Latgalian (Latgale) language (not to say the dialect!) to be a foreign language. The claim that the Latvian literary language is the only one to be recognized as the official language would have to be considered erroneous, because it has no normative basis. Latgalian language meets all requirements for a literary language, i. a., it has approved orthography rules in accordance with the laws and regulations of the Republic of Latvia.</p><p>Conclusions made by the decision of Senate in case No. A42571907 S–596/2009, dated 18 August 2009, cannot be construed to be legitimate, because these are not only discrepant with legal method, but also clearly contrary to the logic. Declaring the Latgalian language, as well as any dialect to be a foreign language causes great damage to statehood of Latvia, first of all, to the local self-confidence.</p><p>There is no legal basis to prevent contacts with governmental and local authorities in any vernacular or dialect of Latvian, still less there is a legal basis to limit communication in officially recognised variant of the official language – Latgalian (of Latgale) language.</p><p>The State in the nearest future should enforce in practice the obligation undertaken by the Official Language Law – „maintenance, protection and development of the Latgalian written language as a historic variant of the Latvian language”. Including practical use of the Latgalian language as a variant of the Latvian language should be ensured in communication with governmental and local authorities in the Republic of Latvia according to the existing law. The State should ensure obligations undertaken by the Official Language Law and should guarantee possibilities to apply to the authorities with a document, drawn up in Latgalian. However, the State should not confine itself only to provision of the document circulation in Latgalian, but it should also carry out a series of other real activities, including allocation of necessary funds from the State budget in order to maintain, to protect and to develop the Latgalian language.</p>

LATGALIANNESS – THE SECOND, ADDITIONAL OR THE ONLY NATIONAL IDENTITY

Via Latgalica ◽  
2012 ◽  
pp. 126
Author(s):  
Juris Cibuļs
Keyword(s):  
National Identity ◽  
Foreign Language ◽  
Arab Countries ◽  
The State ◽  
Direct Result ◽  
Official Language ◽  
Literary Language ◽  
Administrative Procedure ◽  
The Republic ◽  
The Government

<p>The main objective of this article is to stress and to prove that the Latgalian national identity is the only national identity for a lot of citizens of Latvia and it is not the second or the additional identity that may be attributed only to secret service men inter alia.</p><p>My personal studies of official sources, literature and correspondence with officials of state institutions, etc. are at the basis of this article.</p><p>National identity is the person’s identity and sense of belonging to one state or to one nation, a feeling one shares with a group of people, regardless of one’s status of citizenship.</p><p>National identity is not inborn trait; various studies have shown that a person’s national identity is a direct result of the presence of elements from the „common points” in people’s daily lives: national symbols, language, national colours, the nation’s history, national consciousness, culture, music, cuisine, radio, television, etc.</p><p>There are cases where national identity collides with a person’s civil identity. For example, many Israeli Arabs associate themselves or are associated with the Arab or Palestinian nationality, while at the same time they are citizens of the state of Israel, which is in conflict with the Palestinians and with many Arab countries.</p><p>There are also cases in which the national identity of a particular group is oppressed by the government in the country where the group lives. A notable example was in Spain under the authoritarian dictatorship of Francisco Franco (1939–1947) who abolished the official statute and recognition for the Basque, Galician, and Catalan languages for the first time in the history of Spain and returned to Spanish (Castillian) as the only official language of the State and education, although millions of citizens of Spain spoke other languages.</p><p>During the first independence period of Latvia in the thirties, the schools of Latgale used Latgalian as the language of instruction during the first four years, Latgalian language was taught as a subject starting with the third year twice a week. After the coup d’état on May 15, 1934 the Latgalian textbooks were withdrawn from use and even burnt.</p><p>There is enough evidence to prove that the Latvian nationalist elite was very unwilling to accept the spread of Latgalian both during the first period of independence and the multinational Soviet rule. The positive expression of one’s national identity is patriotism, and the negative is chauvinism.</p><p>Latgalians are an autochthonous people living mostly in the eastern part of the contemporary Latvia. As regards Latgalian (it has been named in different ways – language, dialect, subdialect, foreign language, but it does not change the essence of the phenomenon) various resolutions, decrees etc. have been passed and adopted.</p><p>Participants of the 2nd Conference on Latgalistics (Rezekne, October 17, 2009) adopted the resolution „On the Status of a Regional Language to Be Attributable to the Latgalian Language”.</p><p>In accordance with the new Official Language Law enacted on September 1, 2000 the official language in Latvia is the Latvian language. Section 3 Paragraph 4 of the Law prescribes: „The State shall ensure the maintenance, protection and development of the Latgalian written language as a historic variant of the Latvian language.” However, it is a very formal statement. Strange as it may sound but the Senate of the Supreme Court of the Republic of Latvia has adopted a decision (August 18, 2009, Case No. A42571907 SKA-596/2009): „The Senate concludes that in the first sentence of Article 4 of the Satversme (the Constitution – J. C.) of the Republic of Latvia the concept „The Latvian language” means the Latvian literary language. It is the official language for the purpose of Section 110 of the Administrative Procedure Law. From the conclusion that for the purpose of Section 110 Paragraph I of the Administrative Procedure Law the official language is the Latvian literary language it follows that other subdialects or languages for the purpose of Section 110 Paragraph II of the Administrative Procedure Law are foreign languages and a document drafted in the Latgalian literary language is to be acknowledged as a document drafted in a foreign language. This decision is not to be appealed against.”</p><p>It took the Latgalian enthusiasts (I am one of them) seven years (2003–2010) to get the individual code for the Latgalian language. ISO 639/Joint Advisory Committee (Library of Congress, Washington) has finally attributed the code, namely, LTG.</p><p>Hopefully the Latgalian identity will not be swept away and this only identity for a lot of citizens of Latvia will be fought for and preserved also in the shadow of the so-called majority.</p>

scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

scholarly journals Political clientelism in Serbian media - the case of the Tanjug news agency

Sociologija ◽  
2021 ◽  
Vol 63 (1) ◽  
pp. 72-95
Author(s):  
Smiljana Milinkov ◽  
Dinko Gruhonjic
Keyword(s):  
Legal Status ◽  
The State ◽  
State Agency ◽  
State Budget ◽  
News Agency ◽  
The Media ◽  
Media Work ◽  
The Republic ◽  
Research Show ◽  
Political Clientelism

The paper problematizes the presence of political clientelism in the media in the Republic of Serbia. The aim of this research is to point out the examples of establishing mechanisms of clientelistic practice in the media, using the News agency Tanjug as an example. Three analytical categories, which are relevant for perceiving the problem of clientelism, have been included: regulatory framework, financial allocations from the state budget and the reporting of the news agency Tanjug. The results of the research show that the illegal functioning, the unsolved ownership issue, non-transparent financing and unprofessional reporting are characteristics of the media work of Tanjug agency. According to the law, the former state agency was scheduled to stop work by the end of 2015. However, Tanjug still, with unclear legal status and significant financial help from the state, publishes information, some of which were proven to be disinformation. The analysis of examples of unobjective and unprofessional reporting points out to the ignoring of public interest, in order to satisfy the particular interest of the governing political structure, which financially makes Tanjug?s functioning possible, in an illegal manner. This case represents a closed circle of interrelationships on the relation politics-economy-media, through which clientelism is defined, using quid pro quo practice.

THE ROLE OF POLITICAL PARTY FACTIONS IN PARLIAMENT: NATIONAL AND FOREIGN EXPERIENCE

2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Basis ◽  
Foreign Experience ◽  
The Republic

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed

LEGAL POSITION OF THE EXECUTOR OF MEDICAL SERVICES AS A SUBJECT OF LEGAL RELATIONS ON VOLUNTARY MEDICAL COSTS INSURANCE

2019 ◽  
pp. 25-35
Author(s):  
Olga Yuryevna Prokuda
Keyword(s):  
Health Services ◽  
Medical Care ◽  
Social Relations ◽  
Legal Status ◽  
Medical Service ◽  
The State ◽  
Medical Services ◽  
State Obligations ◽  
The Republic ◽  
Policy Priority

With the transition of the economy of the Republic of Belarus to market relations, it became necessary to search for new sources of income for financing socially important spheres of social relations. The social policy priority areas of the Republic of Belarus are the protection of citizen’s health and the provision of quality medical care. At the same time, the state is not able to provide the population with free medical care of adequate volume and quality. State obligations to provide such assistance are not fully provided with financial resources. The growing public demand for health services requires additional sources of funding. We believe that additional sources of financing for health services can be provided by health insurance. However, the minimum state guarantees of citizens for free medical care should also be fixed at the legislative level. We consider legal status of the independent subject of relations on voluntary medical insurance – the executor of medical service. Also we substantiate the expediency of fixing at the legislative level of medical service Institute executor. As the executor of medical services it is offered to consider not only the organizations of health care of the state and non – state forms of ownership providing medical care, but also other subjects which according to the legislation of Republic of Belarus, are authorized to carry out medical activity-individual entrepreneurs and other organizations.

scholarly journals The Existence of Culture in its Relevance to the Dynamics of Globalization: Bahasa Indonesia Case Study

2021 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
Iskandarsyah Siregar
Keyword(s):  
Foreign Language ◽  
Cultural Diversity ◽  
Qualitative Method ◽  
Official Language ◽  
Public Discussion ◽  
Linguistic Rules ◽  
The Republic ◽  
Bahasa Indonesia ◽  
Descriptive Qualitative

Language is present as a form of crystallization of the values of civilization and mediating and directing the orientation of the movement of civilization. Therefore, language becomes an important and interesting variable to be studied and revised scientifically for the preservation and progress of civilization. The Republic of Indonesia has an official language used by its citizens, namely Bahasa Indonesia. This language aims to unite the Indonesian people who are multicultural or have ethnic and cultural diversity so that no distance separates fellow Indonesian citizens from hundreds of tribes, according to the 1928 Youth Pledge Convention. The thing that must be realized now is the use of the Indonesian language which is getting weaker. The weakness is not that it is not used at all but that foreign terms are included in public discussion, and it tends to be considered more prestigious to be used. This study uses a descriptive qualitative method that refers to the sources of literature and the results of previous studies. The existence of Indonesian can decline when most Indonesians are happy and proud to use a foreign language that is considered more respectable and classier. However, the current condition of the existence of the Indonesian language is still in a safe stage. Bahasa Indonesia can continue to exist while preserving it by following the prevailing context and linguistic rules and developing its construction according to the needs and desires of civilization.

scholarly journals OCTOBER 21, DAY OF THE STATE LANGUAGE – UZBEK LANGUAGE. CONNECTING NATION MEDIUM

2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  
Keyword(s):  
The State ◽  
Legal Basis ◽  
Thirtieth Anniversary ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
Official Status ◽  
State Language

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

scholarly journals Pravni ukrepi občin v času razglašene epidemije covida-19 z vidika varnosti v lokalnih skupnostih

2020 ◽  
Author(s):  
Bojan Tičar ◽  
◽  
Iztok Rakar ◽  
Keyword(s):  
Local Community ◽  
Local Population ◽  
Local Communities ◽  
The State ◽  
Legal Regulations ◽  
Local Authorities ◽  
The Republic ◽  
The Government ◽  
The Way

New virus SARS-CoV-2 (hereinafter COVID-19) has reached the Republic of Slovenia in February 2020. On March 12th, 2020, the state has announced the epidemic. In this context, the Government of the Republic of Slovenia began to adopt different measures to protect the population and stop spreading the virus COVID-19. All local communities had to act according to the government’s decisions. In this contribution, we present an analysis of some cases and praxis in local communities. We have analysed some actions of local authorities (mayors and local councils) in the context of fighting against the spread of the virus COVID-19 among the local population. The analysis also includes an overview of local legal regulations and activities of local security authorities (local-community wardens and local community inspectorates) in the fight against the spreading of the COVID-19 virus. The minority of Slovenian communities have adopted some »special lock-down measures«. The way that these activities were legally processed is shown in the last part of this contribution.

scholarly journals HONOUR OF THE SOLDIER

2021 ◽  
Vol 1 (91) ◽  
pp. 37-46
Author(s):  
Iveta Golta
Keyword(s):  
Military Service ◽  
Legal Status ◽  
The State ◽  
Point Of View ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Republic ◽  
Military Law ◽  
National Defence ◽  
Ethical Requirement

In the Republic of Latvia, a soldier performs public service in the field of national defence and his/her legal status is a right guaranteed by the state, statutory duties, restrictions, and disciplinary liability, which are currently regulated by military law, administrative law and administrative procedure law. In addition to the regulation of special and general legal norms, a soldier also has important and binding moral values, because in Latvia "honour" is a characteristic of a soldier, which is inextricably linked to the soldier's profession both historically and of military service. Within the framework of the paper, the author has studied the concepts, essence, genesis and development of such values of a soldier as "honour" and "dignity", from the historical and modern point of view, both in civil life and military science. The author has also clarified their role in the legal status of a soldier and concluded that the existing legal status of a soldier should be elaborated and can be defined as a right guaranteed nowadays. Although not explicitly defined, it should be included in the legal status of a soldier as a military ethical requirement for his dignity and trust, integrity and duty in the performance by the state, statutory duties and restrictions, disciplinary liability and honor as a military ethical requirement.

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