scholarly journals Kierunki rozwoju nauki publicznego prawa gospodarczego z perspektywy instytucji i wartości konstytucyjnych

2018 ◽  
Vol 114 ◽  
pp. 547-557
Author(s):  
Katarzyna Kokocińska
Keyword(s):  
Economic System ◽  
Public Administration ◽  
Legal Regulations ◽  
Basic Point ◽  
Legal Norms ◽  
Public Economic ◽  
Economic Law ◽  
Legal Problems ◽  
Fundamental Values ◽  
Point Of Reference

DIRECTIONS OF THE DEVELOPMENT OF THE SCIENCE OF PUBLIC ECONOMIC LAW FROM THE PERSPECTIVE OF CONSTITUTIONAL INSTITUTIONS AND VALUESThe axiological justification of legal norms is an important area of research on general legal problems. Legal norms should be embedded in values, and constitutional institutions and values constitute the basic point of reference for adopted legal regulations, setting the direction of regulation. In the research on public economic law, the method of recognition and the constitutional guarantee of the economic system are of particular importance. This approach has a direct reference to the functioning of public administration in the economy economic administration as a directive of its specifi c activity, defining a system of values protected by public economic law. Constitution is the source of fundamental values and legal institutions that give legal constructs a uniform meaning for the whole science of public economic law. Institutions and constitutional values order the actions of public administration in a specific sphere, which is the economy.

ISSUES OF INFORMATIZATION OF THE PENITENTIARY SYSTEM

2021 ◽  
Vol 31 (3) ◽  
pp. 497-503
Author(s):  
V.V. Surin
Keyword(s):  
Comparative Analysis ◽  
Public Administration ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Information Support ◽  
Legal Regulations ◽  
Prison Staff ◽  
Legal Norms ◽  
Criminal Penalties

The article is devoted to the issues of legal regulation of the activities of the penitentiary system, including the legal aspects of informatization of the penitentiary department. The author analyzes the retrospective of the development of legal norms regulating the processes of information support for the execution and serving of criminal sentences. The interrelationships of the development of legal regulation of the processes of informatization of public administration bodies, in general, and divisions of the Federal Penitentiary Service, in particular, are investigated. The paper presents a comparative analysis of a number of legal regulations that currently define various aspects of the information activities of prison staff, in particular, the goals, objectives and methods of implementing this area of activity. On the basis of the conducted research, proposals are formulated to optimize the processes of digitalization of institutions and bodies that execute criminal penalties, and the mechanism for implementing this activity.

scholarly journals Nowe procedury publicznego prawa gospodarczego. Problem gwarancji procesowych dla podmiotów działalności gospodarczej

2018 ◽  
Vol 114 ◽  
pp. 593-608
Author(s):  
Bożena Popowska
Keyword(s):  
Public Administration ◽  
Main Function ◽  
Public Interests ◽  
The Public ◽  
Public Economic ◽  
Administrative Procedure ◽  
Economic Law ◽  
Legal Nature ◽  
New Procedures

NEW PROCEDURES OF PUBLIC ECONOMIC LAW. THE PROBLEM OF PROCEDURAL GUARANTEES FOR BUSINESS ENTITIESThe basic subject of research within the article are new procedures, regulated by the provisions of public economic law, and the main purpose of the article is to determine their legal nature, with reference to the general administrative procedure. The procedures used in the sphere of the economy that regulate relations between public administration and entrepreneurs are very different. Some of them are based on the model of jurisdictional proceedings, regulated by the provisions of the Code of Administrative Procedure. Ther should also be distinguished proceedings whose main function is the implementation of specifi c public interests — these proceedings do not constitute a uniform category, and the relations between the public administration entity and the entrepreneur are regulated in different ways.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

Dyskusja na temat odpowiedzialności odszkodowawczej państwa za szkody wyrządzone przez bezprawne działania urzędników na Kongresie Prawników Niemieckich w Kilonii w 1906 roku

2017 ◽  
Vol 15 (2) ◽  
pp. 131-146
Author(s):  
Andrzej Adamczyk
Keyword(s):  
19Th Century ◽  
Legal Regulations ◽  
Legal Problems ◽  
Legal Questions ◽  
German States ◽  
Illegal Acts ◽  
State Liability ◽  
German Reich ◽  
The 19Th Century ◽  
German Association

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.

Comparative Study Of Islamic Economic Law And The Capitalist

2018 ◽  
Vol 16 (2) ◽  
pp. 104
Author(s):  
Tesa Mellina ◽  
Mohammad Ghozali
Keyword(s):  
Economic System ◽  
Capitalist System ◽  
Economic Problems ◽  
Economic Law ◽  
The Poor ◽  
Economic Practice ◽  
The World ◽  
Islamic Economic ◽  
Economic Injustice ◽  
Islamic Values

The implementation ofthe capitalist system has eliminated the Islamic values in economic practice. After the financial crisis hit the world, the capitalist system reaped many questions and its greatnessbegins to be doubted. The capitalist system implementationprecisely creates new problems in the economy. The concept of individualism which is the main key in capitalist practice only creates economic injustice and misery of the poor. The only economic theory that is expected as a light in dealing with economic problems is an economic system that is able to create justice,the welfare of all parties and blessings both the world and the hereafter. The theory is the Islamic economics which in practice is inseparable from Islamiceconomic law. Islamic economic law that underlies the Islamic economic system is totally different from the capitalist economic system.Keywords: Islamic Economic Law; Islamic economics; Capitalist Economy

Ustawowe i umowne prawo pierwokupu przysługujące dzierżawcy nieruchomości rolnych – wybrane problemy prawne

2021 ◽  
pp. 375-394
Author(s):  
Aneta Suchoń
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Third Party ◽  
Agricultural System ◽  
Business Activity ◽  
Legal Regulations ◽  
Legal Problems ◽  
Agricultural Support ◽  
The Right ◽  
In The Beginning

The article aimed to determine whether the legal regulations in the field of the statutory and contractual pre-emption right of a tenant of agricultural real estate provide adequate protection to dependent owners in terms of the possibility of acquiring such land and conducting business activity on it. Secondly, the paper indicated legal problems related to statutory and contractual pre-emption right of a tenant of agricultural real estate and suggested how those problems could be handled. In the beginning, the considerations focused on the statutory pre-emption right for agricultural real estate. It referred to a subjective and objective scope of the right in question, and an attempt was made to determine whether the leased land can be sold to a third party due to the obligation to run a farm in person (only the sale contract allows for exercising the pre-emptive right). Failure to perform the indicated obligations might result in the case being referred to the court by the National Center for Agricultural Support. The second part of the article discussed the contractual pre-emption right for agricultural real estate. The author pointed out the possible concurrence of the statutory pre-emption right of the National Support Centre for Agriculture and the contractual pre-emption right of the lessee. The paper also referred to the problems related to implementing this right due to the requirements that the buyer must meet. In summary, the author, among other things, pointed out the fact that the importance of the statutory pre-emption right of the tenant of agricultural real estate had been diminishing over the years. The position of the lessee of agricultural land in terms of purchasing agricultural land is weakening. Currently, in practice, tenants may rarely use the pre-emption right. The author proposed the introduction of a provision to the Act on Shaping the Agricultural System on an additional consent of the National Support Centre for Agriculture for the sale of real estate under a lease.

Prospects for the development of normmaking using information technologies

2020 ◽  
Vol 70 (2) ◽  
pp. 115-119
Author(s):  
A.B. Sadvakasov ◽  
Keyword(s):  
Public Administration ◽  
State Policy ◽  
Information Technologies ◽  
New Technologies ◽  
Economic Relations ◽  
Legal Norms ◽  
New Information ◽  
Rule Making ◽  
Consistent Approach

A consistent approach to improving the quality of draft of normative legal acts contributes to the development of socio-economic relations in the country, reducing bureaucratic procedures and generally improves public administration. The quality of rule-making and its effectiveness largely determine the implementtion of a particular state policy task. Kazakhstan has created all conditions for the development of legislation and its improvement. Moreover, measures are being taken to introduce new information technologies to adjust existing legal norms. The article describes the existing system of state rulemaking, as well as the prospects for using new technologies.

scholarly journals Gestão do Judiciário e gestão da qualidade: uma questão de princípios - Judiciary management and quality management: a question of principles

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Alex Pizzio Da Silva ◽  
José Eudacy Feijó Paiva
Keyword(s):  
Quality Management ◽  
Public Administration ◽  
Management System ◽  
Quality Management System ◽  
Iso 9001 ◽  
The Public ◽  
Constitutional Principle ◽  
Judicial Administration ◽  
The Subject ◽  
Point Of Reference

<p>O objetivo deste artigo é contribuir ao debate acerca da gestão do Poder Judiciário tendo como referência o princípio constitucional da eficiência na administração pública e os princípios da gestão da qualidade. Sob esse enfoque são abordados os temas da crise na administração pública e na administração judiciária. Através de uma revisão bibliográfica em livros e artigos levantou-se as contribuições de autores sobre o tema em análise. Uma correlação entre os princípios da qualidade e a realidade encontrada na administração de unidades judiciárias, através das fontes analisadas para o estudo, é realizada com o fim de demonstrar a validade da aplicação dos princípios para nortear as mudanças necessárias para a melhoria da prestação jurisdicional e a aumentar a satisfação da sociedade. O artigo apresenta a aplicabilidade de um sistema de gestão da qualidade, conforme o modelo da norma ABNT NBR ISO 9001:2015, como uma alternativa eficaz para que o Poder Judiciário apresente a resposta mais adequada para a necessidade de melhoria na eficiência da gestão do Poder Judiciário.</p><p> </p><p>The purpose of this article is to contribute to the debate about the management of the Judiciary having as point of reference the constitutional principle of efficiency in the Public Administration and the principles of quality management. This approach addresses the issues of crisis in the public administration and judicial administration. Through a bibliographical review in books and articles the contributions of authors on the subject under analysis were compiled. A correlation between the principles of quality and the reality found in the management of judicial units, through the sources analyzed for the study, is established in order to demonstrate the validity of the application of the principles to guide the changes necessary to improve the jurisdictional performance and to increase the satisfaction of society. The article presents the applicability of a quality management system, according to the model of ABNT NBR ISO 9001: 2015, as an effective alternative for the Judiciary to provide the most appropriate response to the need of improving the efficiency of the Judiciary management.</p><p> </p>

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

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