scholarly journals Jurisprudential and Legal Analysis of Criminal's Satisfaction in Article 384 of the Islamic Penal Code enacted in 1392 HS

2021 ◽  
Vol 8 (12) ◽  
pp. 52
Author(s):  
Mohsen Rahimian ◽  
Mas’ud Ra’i ◽  
Siamak Baharlui
Keyword(s):  
Present Article ◽  
Penal Code ◽  
Legal Analysis ◽  
Human Soul ◽  
Legal Study ◽  
Analytical Research ◽  
Blood Money ◽  
The Right

Legislation is very serious and precise, especially where a human soul is involved. According to Article 384 of the Islamic Penal Code; if one person intentionally kills two or more people and the blood avengers of all the slain want Qiṣāṣ, the murderer will be retaliated without paying Diya. If the blood avengers of some of the victims want Qiṣāṣ and the blood avengers of the victim or other victims want blood money, if the murderer agrees to pay them blood money in exchange for their Qiṣāṣ, their blood money will be paid from the murderer's property and without the murderer's consent, they do not have the right to take blood money from him or his property. The point to consider in this legal article is that the payment of Diya from the property of the criminal to the victim is bound to the consent of the criminal. The basis of this opinion of the legislator is the opinion of some jurists. The present article in a descriptive-analytical research, with a problem-oriented view, follows the legal study of criminal’s satisfaction in this legal article and the analysis and critique of its jurisprudential principles. One of the most important findings of the study is that the discussion of criminal’s satisfaction in Article 384 of the Islamic Penal Code needs to be reviewed and revised by the legislator because it is incompatible with the rule of justice, the rule of “The blood of Muslim is not wasted”, the rule of obligation to save lives and other jurisprudential rules.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Independency of Bank Guarantee in Iran –US Claims Tribunal: Looking for Legal Approach for Minimizing the Risk of Economic Contracts

2018 ◽  
Vol 26 (10) ◽  
pp. 301-308
Author(s):  
Mohammad Sadeghi ◽  
Ali Ahamdi
Keyword(s):  
Positive Impact ◽  
Banking Regulation ◽  
Legal Analysis ◽  
International Arbitration ◽  
Financial Instrument ◽  
Banking Regulations ◽  
Legal Position ◽  
The Right

Bank guarantees are significant instrument in business contracts, especially in minimizing the risk of economic contracts in light of international contracts. Furthermore, the bank guarantee has positive impact on legal reliability International contracts among the parties. In line with that the independency of bank guarantee from contract terms is other advantage that has been led to consider the bank guarantee as an innovative financial instrument to increase the chance of minimizing the risks. The fact is that bank guarantee associated with paying amount of guarantee in cash and gets rid of the legal dispute over the formalities and delays in getting the right when one party of the contract did not fulfill its obligations. This potential capability of bank guarantee is still suffering lack of certainty on independency of bank guarantee in banking regulations. In this regard, the judgment of international arbitration and their procedures are valuable in understanding and analyzing the banking regulation about bank guarantees. The judgments of international arbitration mostly consider as one appropriate source to manifest a proper approach for legal analysis of independency. Thus, this research would review Iran –US Claims Tribunal as one of the significant cases to find out whether the tribunal has been able to eliminate the legal ambiguities and promote the legal position of these tools through such judgments?

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

scholarly journals La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire

2009 ◽  
Vol 27 (2) ◽  
pp. 431
Author(s):  
Sophie Rondeau
Keyword(s):  
Present Article ◽  
Present State ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Droit International ◽  
The Right ◽  
Droit International Humanitaire

Le présent article fait état d’un questionnement sur l’état actuel du rôle des normes juridiques émanant du système de droit international humanitaire (DIH) en ce qui a trait au droit à la réparation, en prenant soin de mettre la personne en tant que victime de la guerre au centre de notre réflexion. En considérant la notion de réparation sous l’angle de la victime comme un tout à décrire et à analyser, nous cherchons à savoir s’il existe un droit à la réparation que possède la victime d’un conflit armé régi par le droit international humanitaire. Le fondement même de cette recherche s’appuie donc sur le cadre normatif conventionnel du DIH régissant la notion de réparation, que cette dernière accorde ou non un droit à une victime.This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.

scholarly journals Afselvfølgeliggørelse - Idéhistoriens raison d'etre

2018 ◽  
pp. 13-28
Author(s):  
Frank Beck Lassen
Keyword(s):  
Present Article ◽  
Michel De Montaigne ◽  
The Right

In his Essays the philosopher and writer Michel de Montaigne argued, that “no propositions astonish me, no belief offends me, though never so contrary to my own; there is no so frivolous and extravagant fancy that does not seem to me suitable to the production of human wit. We, who deprive our judgment of the right of determining, look indifferently upon the diverse opinions, and if we incline not our judgment to them, yet we easily give them the hearing. In the present article I am going to argue that the three protagonists of this dissertation have made a number of observations similar to that of Montaignes, albeit from different perspectives, regarding the uses of history. These observations I shall try to connect through the notion of ‘denaturalisation’ (afselvfølgeliggørelse). The value of history can be said to be about the alien character of history, and about all of the ways in which we no longer view our societies. By studying past beliefs and convictions, we might be able to distance ourselves from the assumptions about our own time that we take for granted.

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

scholarly journals PROCLAMATIONS AS A SOURCE OF HETMANATE’S CITY LAW OF THE SECOND HALF OF XVII – XVIII CENTURIES

2019 ◽  
pp. 7-13
Author(s):  
O. Y. Vovk
Keyword(s):  
Public Relations ◽  
Urban Communities ◽  
Social Relations ◽  
Municipal Government ◽  
City Government ◽  
Left Bank ◽  
Legal Analysis ◽  
Economic Relations ◽  
The Social ◽  
The Right

The article contains a historical and legal analysis of proclamations as a cumulative source of Hetmanate’s city law of the second half of 17th – 18th centuries, and their characteristic by origin and purpose. It was established that Hetmanate (a state official name was – Zaporizhian Host) was under the rule of Polish-Lithuanian Commonwealth during this period with all the lands and cities, and then as a part of the Russian monarchy. It is studied that in the field of municipal government, public relations in Ukrainian cities were governed by the norms of urban law, including the provisions of local proclamations (locations) of the autonomous government ofHetmanate, which should be divided into separate specific groups. The most significant of them were those that confirmed the granting of the right to self-government of the Magdeburg sample to Ukrainian cities. The proclamations of Ukrainian hetmans of a defensive, prohibited or protective nature, which were granted to the cities of Hetmanate since the reign of B. Khmelnytskyi and including K. Rozumovskyi, protected the rights of urban communities from abuse bythe local administration and representatives of other classes. The cities were given the right to leave a significant part of the income to the city government bodies and burghers by Hetman permitting proclamations. The electoral proclamations of hetmans to certain individuals controlled the order of elections in cities and prevented abuse duringtheir conduct. The regulation proclamations, issued to the cities by hetmans and colonels, clarified the social and economic power ofmagistrates or town halls and established the economic relations of the urban inhabitants. A separate group of local proclamations consisted of those relating to the proper economic activity of urban craft workshops anddefended the social rights of burghers-artisans. It is proved that the norms of proclamations of all groups provided legal regulationof social relations in the sphere of municipal government of Left-Bank Ukraine primarily till the first city reform in Ukrainian citiesconducted by Russian Empire and the introduction of the Charter to Cities of 1785.

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