scholarly journals Failure to Сomply with the Legal Requirements Applied to the Deputy (a Case Study of the City of Moscow Legislation)

2019 ◽  
pp. 20-28
Author(s):  
A. S. Kulikov ◽  
К V. Chirkin
Keyword(s):  
Administrative Law ◽  
Legal Requirements ◽  
Legal Norms ◽  
Time Limits ◽  
State Of Mind ◽  
Actus Reus ◽  
The Subject ◽  
Definition Of ◽  
The City

The study is devoted to such a specific administrative offense as failure to comply with the legal requirements of a deputy that has no parallel in Soviet administrative law. The subject of the analysis covers the norms of regional legislation. Primarily it covers the Code of Administrative Offences of the city of Moscow 2007 and related provisions of other laws of the city of Moscow. Taking into account interconnected legal norms, the author highlights the object of the administrative offense under consideration, defines the concept of “lawful demands of the deputy,” clarifies the content of other elements of the offence, namely: the objective party [sic] (objective element, actus reus), the subject (the offender), and the subjective party [sic] (state of mind, mens rea). At the same time, a number of statutory flaws are revealed and ways of their correction are proposed. In particular, the author highlights combining two administrative offenses with various direct objects in one part of the article of the Code on Administrative Offences of the City of Moscow, lack of a legal definition of the concept of “legitimate demands of the deputy,” lack of administrative responsibility imposed on sitizens for obstruction of the deputy’s work, excessive lenience of the penalty for violation of time limits given for processing the deputies’ requests in comparison with similar administrative offenses of lower public danger.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

unrechtliche peinliche schmehung oder dem gemeinen nutz nuetzlich?Eine Fallstudie zur Normenkonkurrenz im Schmähschriftprozess des 16. Jahrhunderts

2020 ◽  
Vol 25 (1) ◽  
pp. 135-149
Author(s):  
Jan Siegemund
Keyword(s):  
Early Modern ◽  
Common Good ◽  
Public Places ◽  
Legal Norms ◽  
The Public ◽  
The Common ◽  
The Public Sphere ◽  
The City ◽  
Different Levels

AbstractLibel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and charged with ‘libelling’. Depending on the reference to conflicting social and legal norms, he had therefore been either threatened with corporal punishment including his execution, or rewarded with laudations. In this case, the act of libelling could be seen as slander, but also as a service to the community, which Langener had informed about potentially harmful transgression of norms. While the common good was the highest maxim, different and sometimes conflicting legally protected interests had to be discussed. The situational decision depended on whether the articulated charges where true and relevant for the public, on the invective language, and especially on the quality and size of the public sphere reached by the libel.

scholarly journals On life cycle of a phrase (a case study of German language)

Litera ◽  
2020 ◽  
pp. 9-20
Author(s):  
Daniil Andreevich Bakhmatov
Keyword(s):  
Life Cycle ◽  
German Language ◽  
Life Cycle Model ◽  
Cycle Model ◽  
Single Process ◽  
Cyclic Processes ◽  
The Subject ◽  
Definition Of ◽  
Diachronic Changes

The goal of this research consists in identification and complex description of the stages of existence of a phrase. The subject of this research is changes in the use that afflict phrases in diachrony. The author determines the types of such changes, which characterize the stages of existence of a phrase since its emergence, as well as possible ways of development of a phrase (in terms of unchangeability of its composition and level of idiomaticity).Based on the material of verbal-nominal phrases in German language, both free and phraseologisms, and attraction of corpus-based data, the changes in use are perceived as elements of a single process. The scientific novelty lies in the attempt to describe the models of diachronic changes as cyclic processes; reveal common trends in development of phrases and in applicability of the definition of “life cycle” to the indicted processes. The concept of “life cycle”, used in various sciences for designating the natural, repeating processes, found its reflection in linguistics. However, cyclic processes in phraseology yet remain unstudied, despite the existing description of such phenomena as usualization, phraseologization, and dephraseologization. In conclusion, the author presents a dynamic model of life cycle of a phrase; the changes in use are viewed as its part; as well as offers the terms “deusualization” and “reusualization”. The obtained life cycle model can find application in further research in the area of diachronic phraseology and phrase formation.

scholarly journals On Understanding the Administrative Law Subject

2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  
Keyword(s):  
Public Administration ◽  
Legal Theory ◽  
Administrative Law ◽  
Executive Power ◽  
Legal Science ◽  
Different Types ◽  
Common Concept ◽  
The Subject ◽  
Points Of View ◽  
Definition Of

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.

scholarly journals UM ESTUDO DE CASO SOBRE A IMPLANTAÇÃO DE UM AMBIENTE DE SEGURANÇA DE REDES DE COMPUTADORES

2019 ◽  
Vol 9 (1) ◽  
pp. 119-139
Keyword(s):  
Network Management ◽  
Computer Network ◽  
City Hall ◽  
Demilitarized Zone ◽  
Local Areas ◽  
It Department ◽  
Secure Environment ◽  
Definition Of ◽  
The City

This paper presents a case study involving the deployment of a secure environment on the computer network at the City Hall in Palmeira das Missões - RS, throughout the definition of a physical and logical infrastructure, supported at concepts of management of computer networks and information security. Through the creation of Vlans (Virtual Local Areas Networks) and definition of DMZ (Demilitarized Zone) defined to achieve the level of security and network management required by the IT department, as well as provide greater reliability and integrity of information that travel on the network so that the users can perform their tasks more dynamically in a secure and agile environment. The main contribution of this case study was the implementation of a security and management in the computer network at the City Hasll in Palmeira das Missões – RS.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

Abuja Peoples of Nigeria as Indigenous Peoples in International Law

2018 ◽  
Vol 25 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Child Rights ◽  
International Child ◽  
The Subject ◽  
Definition Of ◽  
International Instruments ◽  
Diverse Cultures ◽  
Agreed Definition

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals Michał Kaziów: the Way to Independence of the Blind Writer in the Context of Selected Issues of Narrative Medicine and Human Rights

2021 ◽  
Vol 40 (45) ◽  
pp. 145-157
Author(s):  
Marta Bolińska ◽  
Patryk Zieliński
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Narrative Medicine ◽  
Health Condition ◽  
Main Subject ◽  
Legal Norms ◽  
State Of Mind ◽  
Permanent Loss ◽  
Collective Experience ◽  
The Subject

The article undertakes constructive reflection on the loss of human health in the context of the issue of disability, with an indication that it is a state of mind rather than actual, physical impotence. The main subject of considerations is the attitude of the writer, Michał Kaziów, perceived as a way to independence and creativity developed as a result of his health condition in the light of selected issues of narrative medicine and human rights. The paper presents the difficult fate of Kaziów after a permanent loss of fitness (L. Kowalewski, M. Czerwińska) under the model of social disability (P. Hunt, M. Oliver) and an autobiographical attitude (M. Czermińska). The views of R. Charon (a doctor and a literary scholar) and her co-workers were also taken into account, according to which narrative medicine is a specific, well thought and described in the literature on the subject form of clinical (and didactic) practice that supports the process of diagnosis and treatment. Simultaneously, a review of laws and regulations on the creation of legal norms that supported people with disabilities and their evolution was undertaken. The whole text correlates with the thesis that the change in approach to disability is a living testimony to overcoming difficulties and their consequences, both in an individual and collective experience.

scholarly journals FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE

2021 ◽  
Vol 12 (2) ◽  
pp. 113-120
Author(s):  
Oleksandr Tsyvinskyi ◽  
Keyword(s):  
Criminal Code ◽  
Regulatory Function ◽  
Public Official ◽  
Self Administration ◽  
Legal Norms ◽  
The Public ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation ◽  
Regulatory Functions

Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.

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