scholarly journals Private and public law: mordern views on the problem of defenition and division

2016 ◽  
Vol 3 (3) ◽  
pp. 103-110
Author(s):  
V V Guryanova
Keyword(s):  
Rule Of Law ◽  
Public Law ◽  
The State ◽  
Behavior Model ◽  
Private Law ◽  
International Level ◽  
Objective Criterion ◽  
The Rule Of Law ◽  
Private And Public ◽  
The Law

In the article is considered the interest in the norm of law as objective criterion of the division of the law to private and public. Author proposes to determine these areas of law in the following way. Public law is complex of the rule of law which governs the behavior model of subjects for the implementation and protection of the state, national, international interests. Private law is complex of the rule of law which establish the model of behavior of subjects in order to implementation and protect the interests of individuals and organization, not only at national but also at international level.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

The Paradox of “Just War” in Rousseau's Theory of Interstate Relations

2015 ◽  
Vol 109 (2) ◽  
pp. 314-325 ◽  
Author(s):  
BLAISE BACHOFEN
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Just War ◽  
The State ◽  
Interstate Relations ◽  
Law Of War ◽  
The Rule Of Law ◽  
External Relations ◽  
The Law ◽  
Utopian Theory

In theSocial Contract, Rousseau declares that he has given up the idea of discussing the “external relations” of states. Yet numerous texts—including a recently reconstituted work about the law of war—show that he thought very seriously about the question of the nature and origin of war and of the possibility of making war subject to the rule of law. Rousseau, in contrast to Hobbes, links war's appearance to that of the sovereign states; the state of war is therefore the necessary result of international relations. Moreover, he considers the international law as chimerical. How can he then conceive a non-utopian theory of “just war”? My hypothesis is that his conception of the law of war is deduced from principles of internal political law and arises from pragmatic necessity. The state that discredits itself in its manner of waging war weakens itself while believing that it is reinforcing itself.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach

2020 ◽  
Vol 10 ◽  
pp. 430-439
Author(s):  
Iryna E. Berestova ◽  
◽  
Olha V. Verenkiotova ◽  
Natalii Serbina ◽  
Svitlana V. Seminoh
Keyword(s):  
Public Interest ◽  
Large Scale ◽  
The State ◽  
General Nature ◽  
Soviet Society ◽  
Private Law ◽  
Public Interests ◽  
Public And Private ◽  
Private And Public ◽  
The Law

The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.

scholarly journals Implementasi Penerapan Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban (Sudi di Polres Kuningan)

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Haris Budiman dan Gios Adhyaksa
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial Judge ◽  
The Rule Of Law ◽  
Operational Costs ◽  
The Law ◽  
The Government ◽  
The Cost ◽  
Unwritten Law

Article 1 (1) of the 1945 Constitution states that, Indonesia is the law of the State in the form of Republic. Therefore, the provisions of the applicable legislation and set the life of the Indonesian nation comes from the law, whether written or unwritten law. One runway is used as basic guidelines in order to achieve justice for all Indonesian people, especially in the field of law, set forth in Article 27 paragraph (1) of the Act of 1945, which reads, "All citizens are equal before the law and government and must uphold the rule of law and without exception. " Protection of witnesses reporting the crime of pornography, the identity of a witness, obviously very secret and confidential examined by the police, even on a trial judge has no right to bring a witness, before the trial because the reporter's identity confidentiality is strictly protected by the Law No. 44 Year 2008 on pornography.  Factors that became penghamabat the police to provide protection against the crime of pornography reporting, that one of the eligibility period and the cost to hold the protection of witnesses and victims must require substantial funds, although basically the police have been very ready to implement the law , subject to the government in terms of a special budget for the program of protection, especially for operational costs in the field.  Keywords: Crime, Pornography, Witness, Protection. 

Is the State Subject to the Rule of Law?

1974 ◽  
Vol 9 (3) ◽  
pp. 369-412 ◽  
Author(s):  
Jacob Potchebutzky
Keyword(s):  
United States ◽  
Rule Of Law ◽  
The United States ◽  
The State ◽  
The Other ◽  
Private Law ◽  
The Rule Of Law ◽  
Jewish Thought ◽  
Government Body ◽  
The Individual

Sec. 42 of the Interpretation Ordinance [New Version] provides that: “Save as may be otherwise expressly provided therein, no enactment shall affect any right of, or impose any obligation upon, the State.”It is generally accepted that the source of the section lies in the traditional supremacy of the English Crown. Since the Crown is the lawmaker it cannot be fettered by the laws it makes unless there is express provision to that effect. On the other hand where laws confer rights upon the Crown, a contrary rule sometimes operates that a statute is to be interpreted in favour of the Crown, since in enacting it the King's subjects act as grantors of rights and the rule against derogation from grant takes effect. In point of logic, however, even without express provision there is nothing to prevent a lawgiver from placing restrictions upon himself.In Jewish thought indeed although the law emanates from the Almighty, who is indeniably Supreme Authority—”the King of Kings”—it is deemed to apply even to Him.It is surprising therefore to note that even in the United States, that model of democracy where the rights of the individual are so protected, the English approach has been adopted and extended to every government body even in the area of private law.

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