scholarly journals THE REPUBLIC OF LATVIA WITHIN THE DIMENSIONAL FRAMEWORK OF INTERNATIONAL LEGAL SUBJECT

2015 ◽  
Vol 1 (7) ◽  
pp. 58
Author(s):  
Arturs Gaveika
Keyword(s):  
Regulatory Framework ◽  
Law Enforcement Agencies ◽  
European Union Law ◽  
Legal Subject ◽  
Regulatory Frameworks ◽  
Space Limit ◽  
The Republic ◽  
Definition Of ◽  
National Framework ◽  
National Borders

In operations of public administration, and especially law enforcement agencies, a particular understanding of the definition of national territory is necessary, especially having in mind the various sovereignty differentiation of national territory into sea areas and airspace, resulting from the modern international and European Union law and which would not be contrary to Article 3 of the Constitution generally determining the meaning of the Latvian State territory. Sometimes the national territory is understood as land or water surface. But setting national borders and border treaties and the national regulatory framework of the state border concept, states include the concept of national borders within their jurisdiction spread in space – technical capabilities of land and deep-water in depth and in airspace to the space limit. The main purpose of the research was to analyse the Latvian national framework of legal subject or international and national regulatory frameworks of territory and to offer a clearer and more comprehensive definition of the national territory. The author developed the dimensional framework definition of national territory in the result of research that would be necessary in the national regulatory framework in the context of national security and not in conflict with the international regulatory framework.

scholarly journals The main means of ensuring a sentence execution in the form of restriction of liberty

2021 ◽  
Vol 3 (1) ◽  
pp. 12-20
Author(s):  
Salomat Niyazova
Keyword(s):  
Criminal Responsibility ◽  
Current System ◽  
Law Enforcement Agencies ◽  
Educational Work ◽  
Legal Norms ◽  
Specific Order ◽  
The Republic ◽  
Psychological Educational ◽  
Definition Of ◽  
Electronic Tracking

Currently, the Republic of Uzbekistan is actively implementing reforms of the penal legislation and the Penal system. Their main tendency is to abandon the previously dominant opinion about the possibility of reducing crime by toughening penalties and to choose a course for strengthening and developing legal norms that promote greater individualization and differentiation of criminal responsibility. However, we have to admit that the current system of punishments does not have measures that can achieve the goal of correcting convicted persons without elements of isolation from society, but under the supervision of competent law enforcement agencies. The relatively rare use of the restriction of liberty, in the author's opinion, is explained by the insufficient development of the mechanism for its implementation, in particular, the means of ensuring its execution. The execution of a sentence in the form of restriction of liberty is ensured by a whole system of means that are closely interrelated. Conditionally, such means can be divided into two main groups: control-supervisory and psychological-educational means. Based on the results of the study, the author comes to the following conclusions. The enforcing means of liberty restriction are designed to create a reliable legal guarantee of the implementation of the principle of punishment inevitability and the fullest possible realization of the goals of punishment. Currently, there is no practice in Uzbekistan of using electronic means of control and supervision of persons sentenced to restriction of liberty. At the same time, only the implementation of the electronic tracking tools specified in the legislation for the control and supervision of persons sentenced to restriction of liberty, the definition of a specific order and methods of surveillance can affect the development of positive experience in the use of electronic bracelets in the Republic of Uzbekistan. A special category of persons sentenced to restriction of liberty is juveniles. When conducting educational work with them, it is necessary to take into account the factors that affect their behavior. In this regard, it is proposed to create a public organization consisting of juveniles at the age of 14 to 18 years, located at the inspection of the sentences execution of the internal affairs bodies and conducting educational activities with juveniles sentenced to restriction of liberty.

CONCEPTUAL REFERENCES REGARDING RECODIFICATION AND DECODIFICATION AS FORMS OF THE SYSTEMATIZATION OF LEGISLATION

2021 ◽  
pp. 110-121
Author(s):  
Ion Postu ◽  
◽  
Elena Tentiuc ◽  
Keyword(s):  
Regulatory Framework ◽  
Eastern European ◽  
Republic Of Moldova ◽  
Legal Science ◽  
Legal Literature ◽  
New Concepts ◽  
The Difference ◽  
The Republic ◽  
Definition Of

This paper analyzes the concepts of recodification and decodification, both from the perspective of legislative technique and systematization of legislation. Being seen as codification modalities or as reverse actions, these two phenomena are approached from the perspective of the activity of legislative creation. This study is the first of its kind, or being new concepts for Eastern European doctrine, decodification and recodification have not yet benefited from in-depth research in our legal literature, so in this article the authors analyze the considerations of Russian and European scientists, who have been the basis for promoting these new terms for local legal science. Practical examples of recodification and decodification include normative acts of the Republic of Moldova. The authors conclude that despite the difference in codification, decodification and recodification tasks, these legal phenomena are characterized by a certain degree of interconnection and ultimately provide their own definition of recodification, adjusted to the national regulatory framework.

scholarly journals CONDUCT OF INTERNAL CONTROL AT THE ENTERPRISES OF THE REPUBLIC OF KAZAKHSTAN

2021 ◽  
Vol 80 (1) ◽  
pp. 74-78
Author(s):  
Zh.A. Makisheva ◽  
◽  
N.S. Nurpeisova ◽  
E.V. Kalieva ◽  
◽  
...  
Keyword(s):  
Control System ◽  
Internal Control ◽  
Regulatory Framework ◽  
Professional Standards ◽  
Further Training ◽  
Important Condition ◽  
Internal Control System ◽  
The Republic ◽  
Definition Of

In the article, the authors reveal the role of internal control in improving the efficiency of enterprises, and also substantiates the need to create a national regulatory framework for internal control in accordance with international professional standards. It is emphasized that their implementation will create conditions for improving the activities of internal control and countering risks, developing popular recommendations for the modernization of enterprises' activities, which will ultimately lead to the development of the country's economy. This article discusses the role of internal control in improving the efficiency of an enterprise, also gives a definition of internal control, and sets its objectives. In addition, the article explains the need to implement national professional standards of internal control. An important condition for the effectiveness of the internal control system is the competence and professionalism of its employees, when no employee can commit a significant mistake or unauthorized action without timely detection, which requires further training and skills, employees.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Triumvirate and Principate

1973 ◽  
Vol 63 ◽  
pp. 50-67 ◽  
Author(s):  
Fergus Millar
Keyword(s):  
Contemporary Literature ◽  
Historical Change ◽  
New Method ◽  
The Common ◽  
The Republic ◽  
Definition Of ◽  
Res Publica

More than thirty years after its publication The Roman Revolution still stands unrivalled, not as the ‘definitive’ account of the emergence of a monarch from the ruins of the Republic but as something far more than that, the demonstration of a new method in the presentation of historical change. The aspect of this method, which has found most imitation, is of course prosopography; and it is indeed essential to it. But far more important is the use made of contemporary literature to mirror events, and to analyse and define the concepts and the terms in which the events were seen by those who lived through them.It is the common characteristic, perhaps even the definition, of great works of history that they invite imitation and offer a challenge, not just to apply their methods and standards to other areas, but to pursue their own conclusions further. The present paper is gratefully offered as an attempt to portray with a different emphasis some aspects of the establishment of Octavian as a monarch, first by demonstrating the extent to which the institutions of the res publica remained active in the Triumviral period, and secondly by redefining the change which culminated in 27 B.C., precisely by asking again in what terms it and the novus status which emerged from it were seen by contemporaries.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Criminological assessment of the identity of the offender serving a sentence of imprisonment for crimes related to drug trafficking for the purpose of sale (on the example of the Republic of Belarus)

2019 ◽  
pp. 28-34
Author(s):  
Светлана Михайловна Казакевич
Keyword(s):  
Drug Trafficking ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Educational Work ◽  
Personal Qualities ◽  
Points Of View ◽  
The Republic ◽  
Definition Of ◽  
Illicit Drug Trafficking ◽  
Criminological Analysis

В статье проанализированы имеющиеся в научной литературе точки зрения относительно понятия «личность преступника», представлена авторская дефиниция личности преступника, совершающего преступления в сфере незаконного оборота наркотиков с целью сбыта. Криминологическому анализу подвергнуты осужденные, отбывающие наказание в виде лишения за преступления, связанные с незаконным оборотом наркотиков, по ч. 2, 3 ст. 328 Уголовного кодекса Республики Беларусь. По результатам проведенного эмпирического исследования выявлены особенности социально-демографического, медицинского, уголовно-правового и нравственно-психологического характера, присущие осужденным указанной категории. Обосновывается необходимость осуществления сотрудниками исправительных учреждений постоянного мониторинга личностных качеств осужденных за преступления, связанные с незаконным оборотом наркотиков с целью сбыта, и выработки на этой основе наиболее оптимальных вариантов проведения с ними индивидуальной воспитательной работы. Представлена авторская разработка криминологической модели личности преступника, отбывающего наказание в виде лишения свободы за преступления, связанные с незаконным оборотом наркотиков с целью сбыта. The article analyzes the points of view of scientists regarding the concept of “the identity of the criminal”, presents the author’s definition of the identity of the criminal who commits crimes in the sphere of illicit drug trafficking with a view to marketing. Convicted prisoners who are serving a sentence of deprivation for crimes related to drug trafficking, according to the following parts, are subjected to criminological analysis. 2, 3 tbsp. 328 of the Criminal Code of the Republic of Belarus. According to the results of the empirical research, the peculiarities of the socio-demographic, medical, criminal law, and moral-psychological nature of the convicts of this category were revealed. It justifies the need for employees of correctional institutions to continuously monitor the personal qualities of those convicted of crimes related to drug trafficking with a view to selling, and to develop on this basis the most optimal options for carrying out individual educational work with them. The author presents the development of a criminological model of the identity of a criminal who is serving a sentence of imprisonment for crimes related to drug trafficking with a view to selling.

Turkish Basis in Toponimization System

2021 ◽  
Vol 3 (121) ◽  
pp. 57-67
Author(s):  
Zh Konyratbaeva
Keyword(s):  
Language Policy ◽  
Urban Design ◽  
Urban Space ◽  
Cultural Center ◽  
Cultural Symbol ◽  
Diachronic Study ◽  
Internal Objects ◽  
The Republic ◽  
Definition Of ◽  
The City

Recently, three major processes are taking place in the urban space of the capital: 1) the process of national transonymization, ie the implementation of the names of newly established, renamed objects on the memorial principle (including national memoranda); 2) historical and cultural process; that is, the reproduction of object names in the nature of a national cultural symbol; 3) the process of national toponymization, ie the acquisition of common nouns. The main purpose of the article is to reveal and identify the Turkic basis of the layer of onymsformed as a result of this process of toponymization – one of the most productive internal resourcedevelopment in the urban space of the capital. That is, by conducting an etymological analysis ofthe system of urbanonymy, to show that the main source of optimized units belongs to the group ofTurkic languages.In the process of toponymization in the space of urbanism of the capital, the share of internalresource development is predominant, ie most of the layer of onyms on its onomastic map wasformed as a result of the Turkic basis. As a result, the urban design of the capital of Kazakhstan hasbecome the only historical and cultural center that meets the principles of language policy andnaming / renaming of the Republic of Kazakhstan. And we understand that the definition of thelayer of onyms in the laws of naming the internal objects of the city will be revealed in more depthby conducting a diachronic study of them.

Heritage values and legal rules

2017 ◽  
Vol 7 (3) ◽  
pp. 345-363 ◽  
Author(s):  
Jeremy C. Wells ◽  
Lucas Lixinski
Keyword(s):  
Regulatory Framework ◽  
Participatory Action ◽  
Content Type ◽  
Legal Rules ◽  
Regulatory Frameworks ◽  
Heritage Studies ◽  
Decision Making Processes ◽  
Critical Heritage ◽  
Fundamental Shift ◽  
New Framework

Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. The purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, adaptive regulatory framework that incorporates heterodox approaches to heritage and therefore is capable of accommodating contemporary sociocultural values. Design/methodology/approach The overall approach used is a comparative literature review from the fields of heterodox/orthodox heritage, heterodox/orthodox law, adaptive management, and participatory methods to inform the creation of a dynamic, adaptive regulatory framework. Findings Tools such as dialogical democracy and participatory action research are sufficiently pragmatic in implementation to envision how an adaptive regulatory framework could be implemented. This new framework would likely require heterodox definitions of law that move beyond justice as a primary purpose and broaden the nature of legal goods that can be protected while addressing discourses of power to benefit a larger group of stakeholders. Practical implications The authors suggest that an adaptive regulatory framework would be particularly beneficial for architectural and urban conservation planning, as it foregrounds considerations other than property rights in decision-making processes. While such a goal appears to be theoretically possible, the challenge will be to translate the theory of an adaptive regulatory framework into practice as there does not appear to be any precedent for its implementation. There will be issues with the need for increased resources to implement this framework. Originality/value To date, there have been few, if any, attempts to address critical heritage studies theory in the context of the regulatory environment. This paper appears to be the first such investigation in the literature.

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